Some exclusions to definition of mental disorder have been removed
From 3/11/08, s1 is amended by the MHA 2007. S1 used to state that:
- Nothing in subsection (2) above shall be construed as implying that a person may be dealt with under this Act as suffering from mental disorder, or from any form of mental disorder described in this section, by reason only of promiscuity or other immoral conduct, sexual deviancy or dependence on alcohol or drugs.
The exceptions for promiscuity, immoral conduct and sexual deviancy no longer apply. The result of this, alongside the removal of the treatability test, is to make it easier to justify the detention of sex offenders in hospital. S1 now only states that:
- Dependence on alcohol or drugs is not considered to be a disorder or disability of the mind for the purposes of subsection (2) above.
(In both cases, subsection (2) contains the definition of mental disorder.)
Related change
Mental disorder no longer split into separate classifications 3/11/08
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 | 3 | s1 |
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
See also
- Reference Guide to the Mental Health Act 1983, 1. The structure of the Act and basic definitions [Note that the chapter number relates to the old Reference Guide]
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