View table: Legislation

Preamble: 'An Act to establish the Legal Services Commission, the Community Legal Service and the Criminal Defence Service; to amend the law of legal aid in Scotland; to make further provision about legal services; to make provision about appeals, courts, judges and court proceedings; to amend the law about magistrates and magistrates' courts; and to make provision about immunity from action and costs and indemnities for certain officials exercising judicial functions.'

Section 77(2) and sch 2 repeal s142 MHA 1983 (with a saving, for which see the section) and amends s146 MHA 1983. Section 74 repeals s88 and s128, and s77 & sch 2 amends s146, wef 3/11/08 - Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Order 2008, as amended by Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Amendment Order 2008 (which fixes a drafting ambiguity) and by Adult Support and Protection (Scotland) Act 2007 (Commencement No. 3 and Related Amendments) Order 2008 (which changes the implementation date from 1/10/08 to 3/11/08.

Part 10 relates to forced marriage. Preamble: "An Act to make provision about anti-social behaviour, crime and disorder, including provision about recovery of possession of dwelling-houses; to make provision amending the Dangerous Dogs Act 1991, the Police Act 1997, Schedules 7 and 8 to the Terrorism Act 2000, the Extradition Act 2003 and Part 3 of the Police Reform and Social Responsibility Act 2011; to make provision about firearms, about sexual harm and violence and about forced marriage; to make provision about the police, the Independent Police Complaints Commission and the Serious Fraud Office; to make provision about invalid travel documents; to make provision about criminal justice and court fees; and for connected purposes."

"An Act to amend the Terrorism Act 2000; to make further provision about terrorism and security; to provide for the freezing of assets; to make provision about immigration and asylum; to amend or extend the criminal law and powers for preventing crime and enforcing that law; to make provision about the control of pathogens and toxins; to provide for the retention of communications data; to provide for implementation of Title VI of the Treaty on European Union; and for connected purposes." [Introductory text]

This Order, which came into force on 3/11/08, states that permission to appeal to the Court of Appeal shall not be granted unless the Upper Tribunal (or, where the Upper Tribunal refuses permission, the relevant appellate court) considers that (a) the proposed appeal would raise some important point of principle or practice; or (b) there is some other compelling reason for the relevant appellate court to hear the appeal.

"An Act to continue the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957; to amend those Acts and other enactments relating to the armed forces; to make further provision in relation to proceedings before service courts; to provide for the taking of fingerprints and samples from offenders convicted in service proceedings; to amend the Courts-Martial (Appeals) Act 1968; to make further provision in relation to complaints to industrial tribunals by members of the armed forces; to provide for further exemptions from the Firearms Act 1968; to make further provision in relation to Greenwich Hospital; to amend the Visiting Forces Act 1952; and for connected purposes." Schedule 7 repeals MHA 1983 s46.

"These Regulations set out the procedures to be followed when disputes arise between local authorities regarding a person’s ordinary residence under Part 1 of the Care Act 2014, or about the application of sections 37 (continuity of care and support – notification and assessment) or 48 (provider failure – temporary duty on local authority) of that Act. By virtue of section 117(4)(a) of the Mental Health Act 1983, the procedures applying to disputes regarding a person’s ordinary residence under Part 1 of the Care Act 2014 also apply to disputes between local authorities about a person’s ordinary residence for the purposes of section 117 of the Mental Health Act."

"An Act to reform the law relating to children; to provide for local authority services for children in need and others; to amend the law with respect to children's homes, community homes, voluntary homes and voluntary organisations; to make provision with respect to fostering, child minding and day care for young children and adoption; and for connected purposes." Section 108(5) and Schedule 13 para 48 of this Act replace s27 and amend s28 and s131 MHA 1983. Schedule 15 partially repeals s26 MHA 1983.

"Article 3 amends section 26 of the Mental Health Act 1983 (Definition of "relative" and "nearest relative") to include in the definition of "relative" for the purposes of Part II of that Act (Compulsory admission to hospital and guardianship functions of relatives of patients) a father who has acquired parental responsibility for a child although he was not married to the child's mother at the time of the child's birth." Article 3 of this Order amends s26 MHA 1983.

These regulations, among other things, amend the Civil Legal Aid (Remuneration) Regulations 2013 so as to reduce by 20% the maximum hourly rates payable to experts in civil cases. New rates include psychiatrists at £108 and psychologists at £93.60 per hour. In force 2/12/13 (i.e. it applies where the relevant legal aid form is signed and dated, or an emergency application is granted under delegated functions, on or after 2/12/13).

Payment rates for legal fees and independent experts. No change to MH legal fees. Some changes to independent expert maximum hourly rates, including: (a) psychiatrist is £135 in any area (previously £90 in London); (b) psychologist is £117 in any area (previously £90 in London). The previous rates continue to apply to cases started after 3/10/11 but before 1/4/13. In force 1/4/13. Note that these fees were subsequently reduced by the Civil Legal Aid (Remuneration) (Amendment) Regulations 2013/2877.

These Rules amend the Civil Procedure Rules by enabling a patient to be made a respondent to a s29 nearest relative displacement application. In force 4/4/05. The amended Rule (CCR Order 49 rule 12) was revoked on 6/4/07 but a similar position is retained in CPR PD8A para 18.3 which states: "(1) the nearest relative must be made a respondent, unless (a) the application is made on the grounds that the patient has no nearest relative or that it is not reasonably practicable to ascertain whether he has a nearest relative; or (b) the court orders otherwise; and (2) the court may order that any other person shall be made a respondent."

These Regulations extend the scope of direct payments to include adults lacking capacity to consent to them and lift a number of exclusions previously placed upon individuals subject to mental health legislation and provisions of criminal justice legislation relating to mental disorder. They revoke and replace the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2003. In force 9/11/09.

This order, amongst other things, reduces the Legal Aid rates for mental health law (and other civil work) by 10%: the old and new fees are set out in Legal Aid#Payments. It also introduces maximum payments for experts: for instance, psychiatrists (£90 London, £135 non-London) and psychologists (£90 London, £117 non-London). In force 3/10/11 (for cases started on or after that date).

These regulations were required to be made by the European Union's Directive 2011/83/EU. They specify the circumstances in which consumers can cancel contracts and the related information which must be supplied by traders, and create a criminal offence. Legal Aid is not specifically excluded, but the regulations (in relation to the "Information requirements" Part 2 and the "Right to cancel" Part 3) state that "This Part does not apply to off-premises contracts under which the payment to be made by the consumer is not more than £42" (regulations 3(4) and 27(3)). In force 13/6/14.

Preamble: "An Act to establish for the protection of consumers a new system, administered by the Director General of Fair Trading, of licensing and other control of traders concerned with the provision of credit, or the supply of goods on hire or hire-purchase, and their transactions, in place of the present enactments regulating moneylenders, pawnbrokers and hire-purchase traders and their transactions; and for related matters."

The purpose of this convention is set out in Article 1 as: 'The purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity. Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.'

This Act, among other things, amends the MHA 1983 in light of the coronavirus pandemic. The Act is in force on 25/3/20, although s10 and schedules 8-11 (amendments to the MHA and NI/Scottish equivalents) will commence on a date to be specified in regulations. The paragraphs of schedule 8 relating to "Constitution and proceedings of the Mental Health Review Tribunal for Wales" came into force on 27/3/20.

This brings into force: (1) paragraphs 11, 12 and 13 of schedule 8, removing the need for three panel members and making other changes to MHRT for Wales procedure, on 27/3/20; (2) some of schedule 12, removing and modifying certain duties under the Social Services and Well-being (Wales) Act 2014, on 1/4/20.

This legislation expires most of the mental health amendments in sch 8 Coronavirus Act 2020 in relation to England, and some in relation to Wales. None of the expired provisions had commenced. Some other amendments will continue in Wales (mainly those relating to the MHRT) and transitional provisions will remain in force in both countries.

These Rules add rule 7A to the Court of Protection Rules 2007 to enable the Senior Judge or the President to authorise a court officer to exercise the jurisdiction of the court in such circumstances as set out in the relevant practice direction. Such a court officer: (a) must refer to a judge any application, proceedings or any question arising in any application or proceedings which ought, in the officer’s opinion, to be considered by a judge; (b) may not deal with any application or proceedings or any question arising in any application or proceedings by way of a hearing; and (c) may not deal with an application for the reconsideration of an order made by that court officer or another court officer. In force 12/12/11.

This Order amends the Court of Protection Fees Order 2007, which set out the fees to be charged for matters coming to the Court of Protection, by abolishing the fee for a certified copy of a document and providing for an additional circumstance under which fees may be exempted (i.e. if the relevant person is in receipt of income-related employment and support allowance). In force 1/4/09.

"An Act to make further provision with respect to the treatment of offenders and the position of children and young persons and persons having responsibility for them; to make provision with respect to certain services provided or proposed to be provided for purposes connected with the administration of justice or the treatment of offenders; to make financial and other provision with respect to that administration; and for connected purposes." Section 27 of this Act inserts s39A and s54A, and amends s143 MHA 1983. Schedule 13, under section 101, repeals part of s50(3) MHA 1983.

"An Act to establish a National Probation Service for England and Wales and a Children and Family Court Advisory and Support Service; to make further provision for the protection of children; to make further provision about dealing with persons suspected of, charged with or convicted of offences; to amend the law relating to access to information held under Part III of the Road Traffic Act 1988; and for connected purposes." Schedule 7 Part 2 amends s48 and s134 MHA 1983. Schedule 8 partially repeals s48(2)(a) MHA 1983.

Sch 26 para 8, and sch 4 para 30, amend MHA 1983 s37. Sch 8 paras 7-9 make amendments to the Criminal Appeal Act 1968 relating to interim hospital orders under s38. Sch 28 part 3 repeals MHA 1983 sch 4 para 23(d)(ii). These amendments take effect on 14/7/08 - Criminal Justice and Immigration Act 2008 (Commencement No. 2 and Transitional and Saving Provisions) Order 2008. Sch 28 part 1 will make further amendments to s37 when in force. Sections 119-122 relate to Nuisance or disturbance on hospital premises, some of which comes into force on 1/1/09.

"An Act to make further provision in relation to criminal justice (including employment in the prison service); to amend or extend the criminal law and powers for preventing crime and enforcing that law; to amend the Video Recordings Act 1984; and for purposes connected with those purposes." (Schedule 4 would have amended MHA 1983 s52, but it was repealed by Criminal Procedure and Investigations Act 1996 s44.) Schedule 10 para 51, under s168, amends s51(4) MHA 1983.

The Equality Bill 2008-09 to 2009-10 received Royal Assent on 8/4/10. Most of its provisions came into force on 1/10/10. The Parliament website states: "The Bill will harmonise and in some cases extend existing discrimination law covering the 'protected characteristics' of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. It will address the impact of recent case law which is generally seen as having weakened discrimination protection, and harmonise provisions defining indirect discrimination."

This Act reforms the law on extradition. Extradition takes place when, at the request of another jurisdiction, a person accused or convicted of a serious offence is returned by the United Kingdom to that jurisdiction, or where a person is returned from another jurisdiction, at the United Kingdom's request, to stand trial or serve a custodial sentence. This is distinct from deportation where the country in which the person is present initiates the removal process. [Quotation from Explanatory Notes.]

"An Act to provide for relief for persons guilty of unlawful killing from forfeiture of inheritance and other rights; to enable such persons to apply for financial provision out of the deceased’s estate; to provide for the question whether pension and social security benefits have been forfeited to be determined by the Social Security Commissioners; and for connected purposes."