MHA 1983 s129
Mental Health Act 2007
- This section is not changed by the Mental Health Act 2007.
Any cases with a hyperlink to this legislation will automatically be added here. There may be other relevant cases without a hyperlink, so please check the mental health case law page.
[The chapter/paragraph numbers which appear below (if any) refer to the 2008 versions of the Code of Practice and Reference Guide.]
- Reference Guide to the Mental Health Act 1983, 38. Offences and protection for acts done [Note that the chapter number relates to the old Reference Guide] — paragraphs 38.10 and 38.11
129.—(1) Any person who without reasonable cause—
- (a) refuses to allow the inspection of any premises; or
- (b) refuses to allow the visiting, interviewing or examination of any person by a person authorised in that behalf by or under this Act [or to give access to any person to a person so authorised]; or
- (c) refuses to produce for the inspection of any person so authorised any document or record the production of which is duly required by him; or
- [(ca) fails to comply with a request made under section 120C; or]
- (d) otherwise obstructs any such person in the exercise of his functions,
shall be guilty of an offence.
(2) Without prejudice to the generality of subsection (1) above, any person who insists on being present when required to withdraw by a person authorised by or under this Act to interview or examine a person in private shall be guilty of an offence.
(3) Any person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 4 on the standard scale or to both.
- Criminal Justice Act 2003 sch 37 part 9: Repeal: In section 129(3), the words— (a) “to imprisonment for a term not exceeding three months or”, and (b) “or to both”.