Hospital directions under s45A apply to any mental disorder

This change is as a consequence of the abolition by the MHA 2007, from 3/11/08, of the four different classifications of mental disorder. Previously the hospital direction under s45A was only available for patients suffering from psychopathic disorder. The hospital direction has been rare but is likely to become more commonly used.

Related changes

Mental disorder no longer split into separate classifications
Abnormally aggressive or seriously irresponsible conduct is only a consideration for learning disability (not personality disorder)

Commencement

Date in force	Commencement order	MHA 2007 section	MHA 1983 sections affected
3/11/08	Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008	s1, sch1	s45A

Summary of effect of amendments in Chapter 1 of Part 1

Table from Explanatory Notes, page 9.

Provision	Currently applies to	Will apply in future to	Learning disability provision to apply in future	"Treatability" test applies now	Appropriate medical treatment test to apply in future
Civil Patients (Part 2 of the Act)
Admission for assessment for up to 28 days (section 2)	Mental disorder	Mental disorder	No	No	No
Admission for treatment (s3)	MI, MM, PD, SMM	Mental disorder	Yes	Yes	Yes
"Holding power" for patients already in hospital (s5)	Mental disorder	Mental disorder	No	No	No
Guardianship (s7)	MI, MM, PD, SMM	Mental disorder	Yes	No	No
Patients concerned in criminal proceedings (Part 3 of the Act)
Remand to hospital for report (s35)	MI, MM, PD, SMM	Mental disorder	Yes	No	Yes
Remand to hospital for treatment (s36)	MI, SMM	Mental disorder	Yes	No	Yes
Hospital order (s37)	MI, MM, PD, SMM	Mental disorder	Yes	Yes	Yes
Hospital order without conviction (s37(3) and 51(5))	MI, SMM	Mental disorder	Yes	No	Yes
Interim hospital order (s38)	MI, MM, PD, SMM	Mental disorder	Yes	No	Yes
Hospital and limitation directions (s45A)	PD	Mental disorder	Yes	Yes	Yes
Transfer direction - sentenced prisoner (s47)	MI, MM, PD, SMM	Mental disorder	Yes	Yes	Yes
Transfer direction - other (s48)	MI, SMM	Mental disorder	Yes	No	Yes

Key: MI = mental illness, MM = mental impairment, PD = psychopathic disorder, SMM = severe mental impairment

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