Mental Health Act 1983 in Scotland
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 II: Compulsory Admission to Hospital and Guardianship
- 2Admission for assessment.
- 6Effect of application for admission.
- 9Regulations as to guardianship.
- 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
- Position of patients subject to detention or guardianship
- 18Return and readmission of patients absent without leave.
- Duration of authority and discharge
- 22Special provisions as to patients sentenced to imprisonment, etc.
- Part III: Patients Concerned in Criminal Proceedings or Under Sentence
- 39AInformation to facilitate guardianship orders.
- Restriction orders
- 42Powers of Secretary of State in respect of patients subject to restriction orders.
- 46Persons ordered to be kept in custody during Her Majesty’s pleasure. Repealed
- 54AReduction of period for making hospital orders.
- 58AElectro-convulsive therapy, etc.
- Constitution etc.
- Applications and references concerning Part III patients
- Discharge of patients
- 78AAppeal from the Mental Health Review Tribunal for Wales to the Upper Tribunal
- Part VI: Removal and Return of Patients Within United Kingdom, etc.
- Removal to and from Scotland
- 80Removal of patients to Scotland.
- 80ATransfer of responsibility for conditionally discharged patients to Scotland
- 83Removal of patients to Channel Islands or Isle of Man.
- 83ZARemoval or transfer of community patients to Channel Islands or Isle of Man
- 85ZAResponsibility for community patients transferred from Channel Islands or Isle of Man
- Return of patients absent without leave
- 88Patients absent from hospitals in England and Wales.
- General
- 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.
- 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
- Visiting patients
- 116Welfare of certain hospital patients.
- Functions of the Secretary of State
- 122Provision of pocket money for in-patients in hospital.
- Part IX: Offences
- 128Assisting patients to absent themselves without leave, etc.
- Part X: Miscellaneous and Supplementary
- Miscellaneous provisions
- 137Provisions as to custody, conveyance and detention.
- 138Retaking of patients escaping from custody.
- 141Members of Parliament suffering from mental illness. Repealed
- 142Pay, pensions, etc., of mentally disordered persons. Repealed
- 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.
- 149Short title, commencement and application to Scilly Isles.
- 2AParagraph 2A
- 2BParagraph 2B
- 4Paragraph 4
- 5Paragraph 5
- 5AParagraph 5A
- 6AParagraph 6A
- 7Paragraph 7
- 10Paragraph 10
- Part II: Patients Subject to Special Restrictions
- 4Paragraph 4
- 7Paragraph 7
- 8Paragraph 8
- 1AParagraph 1A
- Schedule 3Schedule 3
- 3Paragraph 3
- 8Paragraph 8
- 10Paragraph 10
- 11Paragraph 11
- 13Paragraph 13
- 16Paragraph 16 Repealed
- 17Paragraph 17
- 21Paragraph 21
- 24Paragraph 24
- 27Paragraph 27
- 28Paragraph 28
- 31Paragraph 31 Repealed
- 34Paragraph 34
- 40Paragraph 40 Repealed
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43 Repealed
- 46Paragraph 46
- 48Paragraph 48
- 57Paragraph 57
- 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