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Mental Health Act 2025

2025 c. 33 · Enacted 18 December 2025 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 6 April 2026.

An Act to make provision to amend the Mental Health Act 1983 in relation to mentally disordered persons; and for connected purposes.

[18th December 2025]

Be it enacted by the King’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:—

Contents

  1. Code of practice Not yet in force
  2. 1Principles to inform decisions Not yet in force
  3. 2Application of principles to Wales Not yet in force
  4. Autism and learning disability Not yet in force
  5. 3Application of the Mental Health Act 1983: autism and learning disability Not yet in force
  6. 4People with autism or learning disability Not yet in force
  7. Grounds for detention and community treatment orders Not yet in force
  8. 5Grounds for detention Not yet in force
  9. 6Grounds for community treatment orders Not yet in force
  10. 7Grounds for discharge by tribunal Not yet in force
  11. Appropriate medical treatment Not yet in force
  12. 8Appropriate medical treatment: therapeutic benefit Not yet in force
  13. 9Remission or release of prisoners etc from hospital: treatment condition Not yet in force
  14. The responsible clinician Not yet in force
  15. 10Nomination of the responsible clinician Not yet in force
  16. Treatment Not yet in force
  17. 11Making treatment decisions Not yet in force
  18. 12Appointment of doctors to provide second opinions Not yet in force
  19. 13Medicine etc: treatment conflicting with a decision by or on behalf of a patient Not yet in force
  20. 14Medicine etc: treatment in other circumstances Not yet in force
  21. 15Electro-convulsive therapy etc Not yet in force
  22. 16Review of treatment Not yet in force
  23. 17Urgent treatment to alleviate serious suffering Not yet in force
  24. 18Urgent electro-convulsive therapy etc Not yet in force
  25. 19Remote assessment for treatment Not yet in force
  26. 20Capacity to consent to treatment Not yet in force
  27. 21Care and treatment plans Not yet in force
  28. Community treatment orders Not yet in force
  29. 22Consultation of the community clinician Not yet in force
  30. 23Conditions of community treatment orders Not yet in force
  31. Nominated persons Not yet in force
  32. 24Nominated person Not yet in force
  33. 25Applications for admission or guardianship: role of nominated person Not yet in force
  34. 26Discharge of patients: role of nominated person Not yet in force
  35. 27Community treatment orders: role of nominated person Not yet in force
  36. 28Transfer of patients: role of nominated person Not yet in force
  37. Detention periods Not yet in force
  38. 29Detention periods Not yet in force
  39. Periods for applications and references to tribunal
  40. 30Periods for tribunal applications
  41. 31References to tribunal Not yet in force
  42. 32References: restricted patients subject to deprivation of liberty conditions
  43. 33References: restricted patients not subject to deprivation of liberty conditions Not yet in force
  44. Discharge: process Not yet in force
  45. 34Discharge: process Not yet in force
  46. Patients concerned in criminal proceedings or under sentence
  47. 35Conditional discharge subject to deprivation of liberty conditions
  48. 36Transfers of prisoners and others to hospital: conditions
  49. 37Transfers of prisoners and others to hospital: time limits Not yet in force
  50. 38Transfer directions for persons detained in youth detention accommodation
  51. 39Minor amendment
  52. Help and information for patients Not yet in force
  53. 40Independent mental health advocates Not yet in force
  54. 41Information about complaints for detained patients Not yet in force
  55. 42Information about complaints for community patients Not yet in force
  56. 43Information for conditionally discharged patients Not yet in force
  57. 44Advance choice documents Not yet in force
  58. After-care Not yet in force
  59. 45Tribunal power to recommend after-care Not yet in force
  60. 46After-care services Not yet in force
  61. Miscellaneous
  62. 47Tribunal powers in guardianship cases: burden of proof Not yet in force
  63. 48Removal of police stations and prisons as places of safety Not yet in force
  64. 49Remand for a person’s own protection etc Not yet in force
  65. 50Removal of interim remand patients to and from Channel Islands or Isle of Man Not yet in force
  66. 51Human Rights Act 1998: extension to certain private care providers
  67. 52Review of duty to notify incidents
  68. General
  69. 53Power of Secretary of State to make consequential provision
  70. 54Power of Welsh Ministers to make consequential provision
  71. 55Extent
  72. 56Commencement
  73. 57Short title
  74. Schedule 1: Application of the 1983 Act to autism and learning disability: amendments and transitory provision Not yet in force
  75. 1Amendments of Part 2 of the Mental Health Act 1983 Not yet in force
  76. 2Amendments of Part 2 of the Mental Health Act 1983 Not yet in force
  77. 3Amendments of Part 2 of the Mental Health Act 1983 Not yet in force
  78. 4Amendments of Part 2 of the Mental Health Act 1983 Not yet in force
  79. 5Amendments of Part 2 of the Mental Health Act 1983 Not yet in force
  80. 6Amendments of Part 2 of the Mental Health Act 1983 Not yet in force
  81. 7Amendments of Part 3 of the Mental Health Act 1983 Not yet in force
  82. 8Amendments of Part 3 of the Mental Health Act 1983 Not yet in force
  83. 9Amendments of Part 3 of the Mental Health Act 1983 Not yet in force
  84. 10Amendments of Part 3 of the Mental Health Act 1983 Not yet in force
  85. 11Amendments of Part 3 of the Mental Health Act 1983 Not yet in force
  86. 12Amendments of Part 4 of the Mental Health Act 1983 Not yet in force
  87. 13Amendments of Part 4 of the Mental Health Act 1983 Not yet in force
  88. 14Amendments of Part 4 of the Mental Health Act 1983 Not yet in force
  89. 15Amendments of Part 4A of the Mental Health Act 1983 Not yet in force
  90. 16Amendments of Part 5 of the Mental Health Act 1983 Not yet in force
  91. 17Amendments of Part 5 of the Mental Health Act 1983 Not yet in force
  92. 18Amendments of Part 5 of the Mental Health Act 1983 Not yet in force
  93. 19Amendments of Part 5 of the Mental Health Act 1983 Not yet in force
  94. 20Transitory modifications of the Mental Health Act 1983 Not yet in force
  95. 21Transitory modifications of the Mental Health Act 1983 Not yet in force
  96. 22Transitory modifications of the Mental Health Act 1983 Not yet in force
  97. 23Transitory modifications of the Mental Health Act 1983 Not yet in force
  98. 24Transitory modifications of the Mental Health Act 1983 Not yet in force
  99. 25Transitory modifications of the Mental Health Act 1983 Not yet in force
  100. Schedule 2: Nominated persons Not yet in force
  101. Part 1: Appointment etc Not yet in force
  102. 1Paragraph 1 Not yet in force
  103. 2Paragraph 2 Not yet in force
  104. 3Paragraph 3 Not yet in force
  105. Part 2: Functions of nominated person Not yet in force
  106. 4Paragraph 4 Not yet in force
  107. 5Paragraph 5 Not yet in force
  108. 6Paragraph 6 Not yet in force
  109. 7Paragraph 7 Not yet in force
  110. 8Paragraph 8 Not yet in force
  111. 9Paragraph 9 Not yet in force
  112. 10Paragraph 10 Not yet in force
  113. 11Paragraph 11 Not yet in force
  114. 12Paragraph 12 Not yet in force
  115. 13Paragraph 13 Not yet in force
  116. 14Paragraph 14 Not yet in force
  117. 15Paragraph 15 Not yet in force
  118. 16Paragraph 16 Not yet in force
  119. 17Paragraph 17 Not yet in force
  120. 18Paragraph 18 Not yet in force
  121. 19Paragraph 19 Not yet in force
  122. 20Paragraph 20 Not yet in force
  123. 21Paragraph 21 Not yet in force
  124. 22Paragraph 22 Not yet in force
  125. 23Paragraph 23 Not yet in force
  126. 24Paragraph 24 Not yet in force
  127. 25Paragraph 25 Not yet in force
  128. Part 3: Patients concerned in criminal proceedings etc: functions of nominated person Not yet in force
  129. 26Paragraph 26 Not yet in force
  130. 27Paragraph 27 Not yet in force
  131. 28Paragraph 28 Not yet in force
  132. 29Paragraph 29 Not yet in force
  133. 30Paragraph 30 Not yet in force
  134. Schedule 3: Independent mental health advocates Not yet in force
  135. 1Paragraph 1 Not yet in force
  136. 2Paragraph 2 Not yet in force
  137. 3Paragraph 3 Not yet in force
  138. 4Paragraph 4 Not yet in force
  139. 5Paragraph 5 Not yet in force
  140. 6Paragraph 6 Not yet in force
  141. 7Paragraph 7 Not yet in force
  142. 8Paragraph 8 Not yet in force