{
  "url": "https://openlegislation.uk/mental-health-act-1983/section-116",
  "json_url": "https://openlegislation.uk/mental-health-act-1983/section-116.json",
  "legislation": "ukpga/1983/20",
  "legislation_title": "Mental Health Act 1983",
  "legislation_url": "https://openlegislation.uk/mental-health-act-1983",
  "path": "section/116",
  "kind": "section",
  "number": "116",
  "heading": "Welfare of certain hospital patients.",
  "text": "(1) Where a patient to whom this section applies is admitted to a hospital independent hospital or care home in England and Wales (whether for treatment for mental disorder or for any other reason) then, without prejudice to their duties in relation to the patient apart from the provisions of this section, the authority shall arrange for visits to be made to him on behalf of the authority, and shall take such other steps in relation to the patient while in the hospital or nursing home as would be expected to be taken by his parents.\n(2) This section applies to-\n(a) a child or young person—\n(i) who is in the care of a local authority by virtue of a care order within the meaning of the Children Act 1989, or\n(ii) in respect of whom the rights and powers of a parent are vested in a local authority by virtue of section 16 of the Social Work (Scotland) Act 1968;\n(b) a person who is subject to the guardianship of a local social services authority under the provisions of this Act . . . ; or\n(c) a person the functions of whose nearest relative under this Act . . . are for the time being transferred to a local social services authority.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 116(1) substituted (1.4.2002 for E.W and otherwise (prosp.)) by 2000 c. 14, s. 116, Sch. 4 para. 9(5); S.I. 2001/4150, art. 3(3) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(3)(d) (with transitional provisions in Schs. 1-3 and art. 3(4)-(10))"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "S. 116(2)(a) substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 42; S.I. 1991/1883, art. 3, Sch."
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in s. 116(2)(b)(c) repealed (S.) (27.9.2005) by virtue of The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.I. 2005/465), art. 3, Sch. 2 and words in s. 116(2)(b)(c) repealed (E.W.) (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions Order) 2005 (S.I. 2005/2078), art. 16, Sch. 3"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "1989 c.41 (20)."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "1968 c.49 (81:3)."
    }
  ],
  "outstanding_effects": [
    {
      "type": "omitted",
      "affecting": "ukpga/2025/33",
      "affecting_title": "Mental Health Act 2025"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1983/20/section/116",
    "retrieved_at": "2026-10-29T10:09:24.002453+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}