{
  "url": "https://openlegislation.uk/mental-health-act-1983/section-139",
  "json_url": "https://openlegislation.uk/mental-health-act-1983/section-139.json",
  "legislation": "ukpga/1983/20",
  "legislation_title": "Mental Health Act 1983",
  "legislation_url": "https://openlegislation.uk/mental-health-act-1983",
  "path": "section/139",
  "kind": "section",
  "number": "139",
  "heading": "Protection for acts done in pursuance of this Act.",
  "text": "(1) No person shall be liable, whether on the ground of want of jurisdiction or on any other ground, to any civil or criminal proceedings to which he would have been liable apart from this section in respect of any act purporting to be done in pursuance of this Act or any regulations or rules made under this Act, . . . , unless the act was done in bad faith or without reasonable care.\n(2) No civil proceedings shall be brought against any person in any court in respect of any such act without the leave of the High Court; and no criminal proceedings shall be brought against any person in any court in respect of any such act except by or with the consent of the Director of Public Prosecutions.\n(3) This section does not apply to proceedings for an offence under this Act, being proceedings which, under any other provision of this Act, can be instituted only by or with the consent of the Director of Public Prosecutions.\n(4) This section does not apply to proceedings against the Secretary of State or against NHS England , an integrated care board, a ... Local Health Board or Special Health Authority ... or against a National Health Service trust established under the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 or NHS foundation trust or against the Department of Justice in Northern Ireland or against a person who has functions under this Act by virtue of section 12ZA in so far as the proceedings relate to the exercise of those functions.\n(5) In relation to Northern Ireland the reference in this section to the Director of Public Prosecutions shall be construed as a reference to the Director of Public Prosecutions for Northern Ireland.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 139(1) repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1)(2), 68(1)-(3), Sch. 6 para. 29(3), Sch 7 (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 139 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in s. 139(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 18; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in s. 139(4) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 30(b); S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. para. 3)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in s. 139(4) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 13(11)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in s. 139(4) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 30(c); S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. para. 3)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in s. 139(4) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 30(d); S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. para. 3)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in s. 139(4) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 24(7)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in s. 139(4) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 69 (with Sch. 3 Pt. 1)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in s. 139(4) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199, Sch. 4 para. 56; S.I. 2004/759, art.2"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Words in s. 139(4) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 28(5) (with arts. 28-31)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Words in s. 139(4) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 38(3), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "S. 139 applied (E.W) (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), art. 12(2)"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "S. 139 extended by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), ss. 17(2), 122(2)"
    },
    {
      "type": "C",
      "label": "C3",
      "text": "S. 139 extended (E.W.) (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 6(2); S.I. 1991/2488, art. 2"
    },
    {
      "type": "E",
      "label": "E1",
      "text": "This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1983/20/section/139",
    "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."
}