Section 1 Application of Act: “mental disorder”.

England and Wales

(1)

The provisions of this Act shall have effect with respect to the reception, care and treatment of mentally disordered patients, the management of their property and other related matters.

C1(2)

In this Act—

F1“mental disorder” means any disorder or disability of the mind; and
“mentally disordered” shall be construed accordingly;
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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and other expressions shall have the meanings assigned to them in section 145 below.

F3(2A)

But a person with learning disability shall not be considered by reason of that disability to be—

(a)

suffering from mental disorder for the purposes of the provisions mentioned in subsection (2B) below; or

(b)

requiring treatment in hospital for mental disorder for the purposes of sections 17E and 50 to 53 below,

unless that disability is associated with abnormally aggressive or seriously irresponsible conduct on his part.

(2B)

The provisions are—

(a)

sections 3, 7, 17A, 20 and 20A below;

(b)

sections 35 to 38, 45A, 47, 48 and 51 below; and

(c)

section 72(1)(b) and (c) and (4) below.

F4(3)

Dependence on alcohol or drugs is not considered to be a disorder or disability of the mind for the purposes of subsection (2) above.

F5(4)

In subsection (2A) above, “learning disability” means a state of arrested or incomplete development of the mind which includes significant impairment of intelligence and social functioning.

Annotations

Textual amendments

F1: S. 1(2): definitions of "mental disorder" and "mentally disordered" substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 1(2), 56 (with Sch. 10); S.I. 2008/1900, art. 2(a) (with art. 3, Sch.)
F2: S. 1(2): definitions repealed (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 1(3), 55, 56, Sch. 11 Pt. 1 (with Sch. 10); S.I. 2008/1900, art. 2(a)(p) (with art. 3, Sch.)
F3: S. 1(2A)(2B) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 2(2), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
F4: S. 1(3) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 3, 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
F5: S. 1(4) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 2(3), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)

Modifications

C1: S. 1(2) modified (3.11.2008) by The Mental Health Act 2007 (Commencement No. 6 and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008 (S.I. 2008/1210), art. 6(a) (with arts. 4, 5)

Notes on the whole Act

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)