MHA 1983 s129

Mental Health Act 1983
(as amended)

Law as at 19/11/11 unless otherwise stated under "Amendments" heading

Part IX contents

126, 127, 128, 129, 130

All Parts

I, II, III, IV, 4A, V, VI, VIII, IX, X, Schedules

Overview of the MHA 1983
Plain text for printing
Legislation.gov.uk

Mental Health Act 2007

• This section is not changed by the Mental Health Act 2007.

Related cases

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See also

[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

Law

Obstruction

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.

Amendments

Pending amendments

1. 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”.