Mental Health Act 1983
1983 c. 20 · Enacted 9 May 1983 · Extends to United Kingdom
C1C2F1C3C4C5C6C7C8C9C10C11C12An Act to consolidate the law relating to mentally disordered persons.
[9th May 1983]
Be it enacted by the Queen’s most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C13
Annotations to the whole text
Textual amendments
- F1
For the words "Supreme Court Act 1981" there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)
Modifications
- C1
Act modified (31.3.2005) by Army Act 1955 (c. 18), s. 116B(3), (as substituted by 2004 c. 28, ss. 26, 60, Sch. 3 para. 1 (with Sch. 12 para. 8)); S.I. 2005/579, art. 3(b)
Act modified (31.3.2005) by Airforce Act 1955 (c. 19), s. 116B(3), (as substituted by 2004 c. 28, ss. 26, 60, Sch. 3 para. 1 (with Sch. 12 para. 8)); S.I. 2005/579, art. 3(b)
Act modified (31.3.2005) by Naval Discipline Act 1957 (c. 53), s. 63B(3), (as substituted by 2004 c. 28, ss. 26, 60, Sch. 3 para. 3 (with Sch. 12 para. 8)); S.I. 2005/579, art. 3(b)
- C2
"Senior courts" is substituted (1.10.2009) for "Supreme Court" or "Supreme Court of Judicature" in each place by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2(d)
- C3
Act applied in part (E.W.N.I.) (27.10.1960) by 1960 c. 65, s. 5A(4) (as inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 4 para. 1 (with Sch. 10)); S.|. 2008/1900, {art. 2(i)} (with art. 3, Sch.)
Act applied in part (E.W.) (1.9.1968) by 1968 c. 19, s. 37A(5); S.I. 1968/325 (as inserted (3.11.2008 by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 4 para. 2(3) (with Sch. 10)); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
Act applied in part (1.9.1968) by 1968 c. 20, s. 43(3A); S.I. 1968/325 (as inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 4 para. 3(3) (with Sch. 10)); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
Act applied in part (1.9.1968) by 1968 c. 20, s. 43A(4); S.I. 1968/325 (as inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 4 para. 3(4) (with Sch. 10)); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
- C4
Act excluded (S.) by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), ss. 17(2), 79(1)
- C5
Act modified by Repatriation of Prisoners Act 1984 (c. 47, SIF 39:1), s. 3, Sch. para. 5(1)(a)
- C6
Act modified (E.W.) (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 5(2), (with saving in s. 8); S.I. 1991/2488, art. 2
Act modified (E.W.) (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 5(1), Sch. 1 para. 2(1) (with saving in s. 8); S.I. 1991/2488, art. 2
- C7
Act: definition of "mental hospital" applied (E.W.) (1.10.1992) by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), s. 3(3), Sch. 1A para. 5(10) (as inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 8(3), 9(2), Sch. 1 Pt. II; S.I. 1992/333, art. 2(2), Sch.2).
- C8
By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para.23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s.70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.
- C9
Act: functions (except under ss. 78, 106(5), Pt. VII, Sch. 2 paras. 1(b)(c)) transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
Act (except ss. 25A, 25C-25H, 117, 140): functions not to be exercised by a primary care trust (1.4.2000) by virtue of S.I. 2000/695, art. 4(1), Sch. 4
- C10
Act applied (E.W.) (19.3.1997) by 1997 c. 17, s. 1(4)
Act applied (E.W) (19.3.1997) by 1984 c. 60, s. 63A(3A) (as inserted by 1997 c. 17, s. 3)
- C11
Act: functions transfered (3.11.2008) by The First-tier Tribunal and Upper Tribunal (Chambers) Order 2008 (S.I. 2008/2684), art. 5(h)
- C12
Act modified (1.4.2009) by The Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009 (S.I. 2009/462), art. 10, Sch. 4
- C13
Act applied in part (17.4.2024) by The Armed Forces (Appeals Against Review of Sentence) Regulations 2024 (S.I. 2024/619), regs. 1(2), 6(5)(7), 29(6)(8); S.I. 2024/562, reg. 2
Contents
- Part I: Application of Act
- 1Application of Act: “mental disorder”.
- Part II: Compulsory Admission to Hospital and Guardianship
- Procedure for hospital admission
- 2Admission for assessment.
- 3Admission for treatment.
- 4Admission for assessment in cases of emergency.
- 5Application in respect of patient already in hospital.
- 6Effect of application for admission.
- Guardianship
- 7Application for guardianship.
- 8Effect of guardianship application, etc.
- 9Regulations as to guardianship.
- 10Transfer of guardianship in case of death, incapacity, etc., of guardian.
- General provisions as to applications and recommendations
- 11General provisions as to applications.
- 12General provisions as to medical recommendations.
- 12ZAAgreement for exercise of approval function: England
- 12ZBRequirement to exercise approval functions: England
- 12ZCProvision of information for the purposes of section 12ZA or 12ZB
- 12AConflicts of interest
- 13Duty of approved mental health professionals to make applications for admission or guardianship.
- 14Section 14
- 15Rectification of applications and recommendations.
- Position of patients subject to detention or guardianship
- 16Reclassification of patients. Repealed
- 17Leave of absence from hospital.
- 17ACommunity treatment orders
- 17BConditions
- 17CDuration of community treatment order
- 17DEffect of community treatment order
- 17EPower to recall to hospital
- 17FPowers in respect of recalled patients
- 17GEffect of revoking community treatment order
- 18Return and readmission of patients absent without leave.
- 19Regulations as to transfer of patients.
- 19ARegulations as to assignment of responsibility for community patients
- Duration of authority and discharge
- 20Duration of authority.
- 20ACommunity treatment period
- 20BEffect of expiry of community treatment order
- 21Special provisions as to patients absent without leave.
- 21APatients who are taken into custody or return within 28 days.
- 21BPatients who are taken into custody or return after more than 28 days.
- 22Special provisions as to patients sentenced to imprisonment, etc.
- 23Discharge of patients.
- 24Visiting and examination of patients.
- 25Restrictions on discharge by nearest relative.
- After-care under supervision
- 25AApplication for supervision. Repealed
- 25BMaking of supervision application. Repealed
- 25CSupervision applications: supplementary. Repealed
- 25DRequirements to secure receipt of after-care under supervision. Repealed
- 25EReview of after-care under supervision etc. Repealed
- 25FReclassification of patient subject to after-care under supervision. Repealed
- 25GDuration and renewal of after-care under supervision. Repealed
- 25HEnding of after-care under supervision. Repealed
- 25ISpecial provisions as to patients sentenced to imprisonment etc. Repealed
- 25JPatients moving from Scotland to England and Wales. Repealed
- Functions of relatives of patients
- 26Definition of “relative” and “nearest relative”.
- 27Children and young persons in care.
- 28Nearest relative of minor under guardianship, etc.
- 29Appointment by court of acting nearest relative.
- 30Discharge and variation of orders under s. 29.
- Supplemental
- 31Procedure on applications to county court.
- 32Regulations for purposes of Part II.
- 33Special provisions as to wards of court.
- 34Interpretation of Part II.
- Part III: Patients Concerned in Criminal Proceedings or Under Sentence
- Remands to hospital
- 35Remand to hospital for report on accused’s mental condition.
- 36Remand of accused person to hospital for treatment.
- Hospital and guardianship orders
- 37Powers of courts to order hospital admission or guardianship.
- 38Interim hospital orders.
- 39Information as to hospitals.
- 39AInformation to facilitate guardianship orders.
- 40Effect of hospital orders, guardianship orders and interim hospital orders.
- Restriction orders
- 41Power of higher courts to restrict discharge from hospital.
- 42Powers of Secretary of State in respect of patients subject to restriction orders.
- 43Power of magistrates’ courts to commit for restriction order.
- 44Committal to hospital under s. 43.
- 45Appeals from magistrates’ courts.
- Hospital and limitation directions
- 45APower of higher courts to direct hospital admission.
- 45BEffect of hospital and limitation directions.
- Detention during Her Majesty’s pleasure
- 46Persons ordered to be kept in custody during Her Majesty’s pleasure. Repealed
- Transfer to hospital of prisoners, etc.
- 47Removal to hospital of persons serving sentences of imprisonment, etc.
- 48Removal to hospital of other prisoners.
- 49Restriction on discharge of prisoners removed to hospital.
- 50Further provisions as to prisoners under sentence.
- 51Further provisions as to detained persons.
- 52Further provisions as to persons remanded by magistrates’ courts.
- 53Further provisions as to civil prisoners and persons detained under the Immigration Acts.
- Supplemental
- 54Requirements as to medical evidence.
- 54AReduction of period for making hospital orders.
- 55Interpretation of Part III.
- Part IV: Consent to Treatment
- 56Patients to whom Part IV applies.
- 57Treatment requiring consent and a second opinion.
- 58Treatment requiring consent or a second opinion.
- 58AElectro-convulsive therapy, etc.
- 59Plans of treatment.
- 60Withdrawal of consent.
- 61Review of treatment.
- 62Urgent treatment.
- 62ATreatment on recall of community patient or revocation of order
- 63Treatment not requiring consent.
- 64Supplementary provisions for Part IV.
- Part 4A: Treatment of community patients not recalled to hospital
- 64AMeaning of “relevant treatment”
- 64BAdult community patients
- 64CSection 64B: supplemental
- 64DAdult community patients lacking capacity
- 64EChild community patients
- 64FChild community patients lacking competence
- 64FAWithdrawal of consent
- 64GEmergency treatment for patients lacking capacity or competence
- 64HCertificates: supplementary provisions
- 64ILiability for negligence
- 64JFactors to be considered in determining whether patient objects to treatment
- 64KInterpretation of Part 4A
- Part V: Mental Health Review Tribunals
- Constitution etc.
- 65Mental Health Review Tribunal for Wales.
- Applications and references concerning Part II patients
- 66Applications to tribunals.
- 67References to tribunals by Secretary of State concerning Part II patients.
- 68Duty of managers of hospitals to refer cases to tribunal.
- 68APower to reduce periods under section 68
- Applications and references concerning Part III patients
- 69Applications to tribunals concerning patients subject to hospital and guardianship orders.
- 70Applications to tribunals concerning restricted patients.
- 71References by Secretary of State concerning restricted patients.
- Discharge of patients
- 72Powers of tribunals.
- 73Power to discharge restricted patients.
- 74Restricted patients subject to restriction directions.
- 75Applications and references concerning conditionally discharged restricted patients.
- General
- 76Visiting and examination of patients.
- 77General provisions concerning tribunal applications.
- 78Procedure of Mental Health Review Tribunal for Wales.
- 78AAppeal from the Mental Health Review Tribunal for Wales to the Upper Tribunal
- 79Interpretation of Part V.
- Part VI: Removal and Return of Patients Within United Kingdom, etc.
- Removal to and from Scotland
- 80Removal of patients to Scotland.
- 80ZATransfer of responsibility for community patients to Scotland
- 80ATransfer of responsibility for conditionally discharged patients to Scotland
- 80BRemoval of detained patients from Scotland
- 80CRemoval of patients subject to compulsion in the community from Scotland
- 80DTransfer of conditionally discharged patients from Scotland
- Removal to and from Northern Ireland
- 81Removal of patients to Northern Ireland.
- 81ZARemoval of community patients to Northern Ireland
- 81ATransfer of responsibility for patients to Northern Ireland.
- 82Removal to England and Wales of patients from Northern Ireland.
- 82ATransfer of responsibility for conditionally discharged patients to England and Wales from Northern Ireland
- Removal to and from Channel Islands and Isle of Man
- 83Removal of patients to Channel Islands or Isle of Man.
- 83ZARemoval or transfer of community patients to Channel Islands or Isle of Man
- 83ATransfer of responsibility for conditionally discharged patients to Channel Islands or Isle of Man
- 84Removal to England and Wales of offenders found insane in Channel Islands and Isle of Man.
- 85Patients removed from Channel Islands or Isle of Man.
- 85ZAResponsibility for community patients transferred from Channel Islands or Isle of Man
- 85AResponsibility for conditionally discharged patients transferred from Channel Islands or Isle of Man
- Removal of aliens
- 86Removal of alien patients.
- Return of patients absent without leave
- 87Patients absent from hospitals in Northern Ireland.
- 88Patients absent from hospitals in England and Wales.
- 89Patients absent from hospitals in the Channel Islands or Isle of Man.
- General
- 90Regulations for purposes of Part VI.
- 91General provisions as to patients removed from England and Wales.
- 92Interpretation of Part VI.
- Part VII
- 93Judicial authorities and Court of Protection.
- 94Exercise of the judge’s functions: “the patient”.
- 95General functions of the judge with respect to property and affairs of patient.
- 96Powers of the judge as to patient’s property and affairs.
- 97Supplementary provisions as to wills executed under s. 96.
- 98Judge’s powers in cases of emergency.
- 99Power to appoint receiver.
- 100Vesting of stock in curator appointed outside England and Wales.
- 101Preservation of interests in patient’s property.
- 102Lord Chancellor’s Visitors.
- 103Functions of Visitors.
- 104General powers of the judge with respect to proceedings.
- 105Appeals.
- 106Rules of procedure.
- 107Security and accounts.
- 108General provisions as to rules under Part VII.
- 109Effect and proof of orders, etc.
- 110Reciprocal arrangements in relation to Scotland and Northern Ireland as to exercise of powers.
- 111Construction of references in other Acts to judge or authority having jurisdiction under Part VII.
- 112Interpretation of Part VII.
- 113Disapplication of certain enactments in relation to persons within the jurisdiction of the judge.
- Part VIII: Miscellaneous Functions of Local Authorities and the Secretary of State
- Approved mental health professionals
- 114Approval by local social services authority.
- 114ZAApproval of courses: England
- 114AApproval of courses: Wales
- 115Powers of entry and inspection.
- Visiting patients
- 116Welfare of certain hospital patients.
- After-care
- 117After-care.
- 117AAfter-care: preference for particular accommodation
- 117BAfter-care: exception for provision of nursing care
- Functions of the Secretary of State
- 118Code of practice.
- 119Practitioners approved for Part IV and s. 118.
- 120General protection of relevant patients.
- 120AInvestigation reports
- 120BAction statements
- 120CProvision of information
- 120DAnnual reports
- 121Mental Health Act Commission. Repealed
- 122Provision of pocket money for in-patients in hospital.
- 123Transfers to and from special hospitals. Repealed
- 124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 125Inquiries. Repealed
- Part IX: Offences
- 126Forgery, false statements, etc.
- 127Ill-treatment of patients.
- 128Assisting patients to absent themselves without leave, etc.
- 129Obstruction.
- 130Prosecutions by local authorities.
- Part X: Miscellaneous and Supplementary
- Miscellaneous provisions
- 130AIndependent mental health advocates: England
- 130BArrangements under section 130A
- 130CSection 130A: supplemental
- 130DDuty to give information about independent mental health advocates
- 130EIndependent mental health advocates: Wales
- 130FArrangements under section 130E for Welsh qualifying compulsory patients
- 130GArrangements under section 130E for Welsh qualifying informal patients
- 130HIndependent mental health advocates for Wales: supplementary powers and duties
- 130IWelsh qualifying compulsory patients
- 130JWelsh qualifying informal patients
- 130KDuty to give information about independent mental health advocates to Welsh qualifying compulsory patients
- 130LDuty to give information about independent mental health advocates to Welsh qualifying informal patients
- 131Informal admission of patients.
- 131AAccommodation, etc. for children
- 132Duty of managers of hospitals to give information to detained patients.
- 132ADuty of managers of hospitals to give information to community patients
- 133Duty of managers of hospitals to inform nearest relatives of discharge.
- 134Correspondence of patients.
- 134AReview of decisions to withhold correspondence
- 135Warrant to search for and remove patients.
- 136Removal etc of mentally disordered persons without a warrant
- 136AUse of police stations as places of safety
- 136BExtension of detention
- 136CProtective searches
- 137Provisions as to custody, conveyance and detention.
- 138Retaking of patients escaping from custody.
- 139Protection for acts done in pursuance of this Act.
- 140Notification of hospitals having arrangements for special cases.
- 141Members of Parliament suffering from mental illness. Repealed
- 142Pay, pensions, etc., of mentally disordered persons. Repealed
- 142ARegulations as to approvals in relation to England and Wales
- 142BDelegation of powers of managers of NHS foundation trusts
- 142CHuman Rights Act 1998: extension to certain private care providers
- Supplemental
- 143General provisions as to regulations, orders and rules.
- 144Power to amend local Acts.
- 145Interpretation.
- 146Application to Scotland.
- 147Application to Northern Ireland.
- 148Consequential and transitional provisions and repeals.
- 149Short title, commencement and application to Scilly Isles.
- Schedule 1: Application of Certain Provisions to Patients Subject to Hospital and Guardianship Orders
- Part I: Patients Not Subject to Special Restrictions
- 1Paragraph 1
- 2Paragraph 2
- 2AParagraph 2A
- 2BParagraph 2B
- 3Paragraph 3 Repealed
- 4Paragraph 4
- 5Paragraph 5
- 5AParagraph 5A
- 6Paragraph 6
- 6AParagraph 6A
- 7Paragraph 7
- 8Paragraph 8
- 8AParagraph 8A Repealed
- 9Paragraph 9
- 10Paragraph 10
- Part II: Patients Subject to Special Restrictions
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Schedule 2: Mental Health Review Tribunal for Wales
- 1Paragraph 1
- 1AParagraph 1A
- 2Paragraph 2
- 2AParagraph 2A
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 3Schedule 3
- Schedule 4: Consequential Amendments
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8
- 9Paragraph 9 Repealed
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12 Repealed
- 13Paragraph 13
- 14Paragraph 14 Repealed
- 15Paragraph 15 Repealed
- 16Paragraph 16 Repealed
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19 Repealed
- 20Paragraph 20 Repealed
- 21Paragraph 21
- 22Paragraph 22 Repealed
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25 Repealed
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29 Repealed
- 30Paragraph 30 Repealed
- 31Paragraph 31 Repealed
- 32Paragraph 32 Repealed
- 33Paragraph 33 Repealed
- 34Paragraph 34
- 35Paragraph 35 Repealed
- 36Paragraph 36 Repealed
- 37Paragraph 37 Repealed
- 38Paragraph 38 Repealed
- 39Paragraph 39 Repealed
- 40Paragraph 40 Repealed
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43 Repealed
- 44Paragraph 44 Repealed
- 45Paragraph 45 Repealed
- 46Paragraph 46
- 47Paragraph 47 Repealed
- 48Paragraph 48
- 49Paragraph 49 Repealed
- 50Paragraph 50 Repealed
- 51Paragraph 51 Repealed
- 52Paragraph 52 Repealed
- 53Paragraph 53 Repealed
- 54Paragraph 54 Repealed
- 55Paragraph 55 Repealed
- 56Paragraph 56 Repealed
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- Schedule 5: Transitional and Saving Provisions
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- 14Paragraph 14 Repealed
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18 Repealed
- 19Paragraph 19 Repealed
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22 Repealed
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26 Repealed
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39 Repealed
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43 Repealed
- 44Paragraph 44 Repealed
- 45Paragraph 45 Repealed
- 46Paragraph 46
- Schedule 6Repeals