View source for Mental Health Act 1983

{{mha-toc|p=Part I}}
The text of the Mental Health Act 1983 on this site shows the law as amended by the [[Mental Health Act 2007]] and other legislation; some pending amendments are also indicated. See also: (1) [[Overview of the MHA 1983]], for a summary of the main provisions of the 1983 Act; (2) [[:Category:Changes made by MHA 2007]]; (3) [[Independent Review of the Mental Health Act 1983 by Simon Wessely (2018)]].

== Part I: Application of Act==

''[[MHA 1983 s1]]'' - Application of Act: "mental disorder"

== Part II: Compulsory Admission to Hospital and Guardianship ==

<center>''Procedure for hospital admission''</center>

''[[MHA 1983 s2]]''* - Admission for assessment

''[[MHA 1983 s3]]''* - Admission for treatment

[[MHA 1983 s4]]* - Admission for assessment in cases of emergency

[[MHA 1983 s5]]* - Application in respect of patient already in hospital

[[MHA 1983 s6]] - Effect of application for admission


<center>''Guardianship''</center>

[[MHA 1983 s7]] - Application for guardianship

[[MHA 1983 s8]] - Effect of guardianship applications, etc.

[[MHA 1983 s9]] - Regulations as to guardianship

[[MHA 1983 s10]] - Transfer of guardianship in case of death, incapacity, etc., of the guardian


<center>''General provisions as to applications and recommendations''</center>

[[MHA 1983 s11]] - General provisions as to applications

[[MHA 1983 s12]] - General provisions as to medical recommendations

[[MHA 1983 s12A]] - Conflicts of interest

[[MHA 1983 s13]] - [Duty of approved mental health professionals to make applications for admission or guardianship]<ref name="MHA">[[Mental Health Act 2007]]</ref>

[[MHA 1983 s14]] - Social reports

[[MHA 1983 s15]] - Rectification of applications and recommendations


<center>''Position of patients subject to detention or guardianship''</center>

[[MHA 1983 s16]] - Reclassification of patients [repealed]<ref name="MHA"/>

''[[MHA 1983 s17]]''* - Leave of absence from hospital

[[MHA 1983 s17A]] - Community treatment orders 

[[MHA 1983 s17B]] - Conditions 

[[MHA 1983 s17C]] - Duration of community treatment order 

[[MHA 1983 s17D]] - Effect of community treatment order 

[[MHA 1983 s17E]] - Power to recall to hospital 

[[MHA 1983 s17F]] - Powers in respect of recalled patients 

[[MHA 1983 s17G]] - Effect of revoking community treatment order 

[[MHA 1983 s18]] - Return and readmission of patients absent without leave

[[MHA 1983 s19]]* - Regulations as to transfer of patients

[[MHA 1983 s19A]] - Regulations as to assignment of responsibility for community patients 


<center>[''Duration of authority and discharge'']<ref name="MHA"/></center>

[[MHA 1983 s20]]* - Duration of authority

[[MHA 1983 s20A]] - Community treatment period 

[[MHA 1983 s20B]] - Effect of expiry of community treatment order 

[[MHA 1983 s21]] - Special provisions as to patients absent without leave

[[MHA 1983 s21A]] - Patients who are taken into custody or return within 28 days

[[MHA 1983 s21B]] - Patients who are taken into custody or return after more than 28 days

[[MHA 1983 s22]] - Special provisions as to patients sentenced to imprisonment, etc.

[[MHA 1983 s23]]* - Discharge of patients

[[MHA 1983 s24]] - Visiting and examination of patients

[[MHA 1983 s25]]* - restrictions on discharge by nearest relative


<center>''After-care under supervision''</center>

[[MHA 1983 s25A]], [[MHA 1983 s25B|s25B]], [[MHA 1983 s25C|s25C]], [[MHA 1983 s25D|s25D]], [[MHA 1983 s25E|s25E]], [[MHA 1983 s25F|s25F]], [[MHA 1983 s25G|s25G]], [[MHA 1983 s25H|s25H]], [[MHA 1983 s25I|s25I]], [[MHA 1983 s25J|s25J]] - [repealed]<ref name="MHA"/>


<center>''Functions of relatives of patients''</center>

[[MHA 1983 s26]]* - Definition of "relative" and "nearest relative"

[[MHA 1983 s27]] - Children and young persons in care

[[MHA 1983 s28]] - Nearest relative of minor under guardianship, etc.

[[MHA 1983 s29]]* - Appointment by court of acting nearest relative 

[[MHA 1983 s30]] - Discharge and variation of orders under s29


<center>''Supplemental''</center>

[[MHA 1983 s31]] - Procedure on applications to county court

[[MHA 1983 s32]] - Regulations for purposes of Part II

[[MHA 1983 s33]] - Special provisions as to wards of court

[[MHA 1983 s34]] - Interpretation of Part II

== Part III: Patients Concerned in Criminal Proceedings or under Sentence ==

<center>''Remands to hospital''</center>

[[MHA 1983 s35]] - Remand to hospital for report on accused's mental condition

[[MHA 1983 s36]] - Remand of accused person to hospital for treatment


<center>''Hospital and guardianship orders''</center>

[[MHA 1983 s37]]* - Powers of courts to order hospital admission or guardianship 

[[MHA 1983 s38]]* - Interim hospital orders

[[MHA 1983 s39]] - Information as to hospitals

[[MHA 1983 s39A]] - Information to facilitate guardianship orders

[[MHA 1983 s40]] - Effect of hospital orders, guardianship orders and interim hospital orders


<center>''Restriction orders''</center>

''[[MHA 1983 s41]]''* - Power of higher courts to restrict discharge from hospital 

[[MHA 1983 s42]] - Powers of Secretary of State in respect of patients subject to restriction orders

[[MHA 1983 s43]] - Power of magistrates' courts to commit for restriction order

[[MHA 1983 s44]] - Committal to hospital under s43

[[MHA 1983 s45]] - Appeals from magistrates' courts


<center>''Hospital and limitation Directions''</center>

[[MHA 1983 s45A]] - Power of higher courts to direct hospital admission

[[MHA 1983 s45B]] - Effect of hospital and limitation directions


<center>''Detention during Her Majesty's pleasure''</center>

[[MHA 1983 s46]] - Persons ordered to be kept in custody during Her Majesty's pleasure [repealed]


<center>''Transfer to hospital of prisoners, etc.''</center>

[[MHA 1983 s47]]* - Removal to hospital of persons serving sentences of imprisonment, etc. 

[[MHA 1983 s48]]* - Removal to hospital of other prisoners

[[MHA 1983 s49]]* - Restriction on discharge of prisoners removed to hospital 

[[MHA 1983 s50]] - Further provisions as to prisoners under sentence

[[MHA 1983 s51]] - Further provisions as to detained persons

[[MHA 1983 s52]] - Further provisions as to persons remanded by magistrates' courts

[[MHA 1983 s53]] - Further provisions as to civil prisoners and persons detained under the [Immigration Acts]<ref name="NIA">[[Nationality, Immigration and Asylum Act 2002]]</ref>


<center>''Supplemental''</center>

[[MHA 1983 s54]] - Requirements as to medical evidence

[[MHA 1983 s54A]] - Reduction of period for making hospital orders

[[MHA 1983 s55]] - Interpretation of Part III


== Part IV: Consent to Treatment ==

[[MHA 1983 s56]]* - Patients to whom Part IV applies

[[MHA 1983 s57]] - Treatment requiring consent ''and'' a second opinion

[[MHA 1983 s58]]* - Treatment requiring consent ''or'' a second opinion

[[MHA 1983 s58A]] - Electro-convulsive therapy, etc. 

[[MHA 1983 s59]] - Plans of treatment

[[MHA 1983 s60]] - Withdrawal of consent

[[MHA 1983 s61]] - Review of treatment

[[MHA 1983 s62]] - Urgent treatment

[[MHA 1983 s62A]] - Treatment on recall of community patient or revocation of order 

[[MHA 1983 s63]] - Treatment not requiring consent

[[MHA 1983 s64]] - Supplementary provisions for Part IV


==Part 4A: Treatment of Community Patients Not Recalled to Hospital==

[[MHA 1983 s64A]] - Meaning of "relevant treatment"

[[MHA 1983 s64B]] - Adult community patients

[[MHA 1983 s64C]] - Section 64B: supplemental

[[MHA 1983 s64D]] - Adult community patients lacking capacity

[[MHA 1983 s64E]] - Child community patients

[[MHA 1983 s64F]] - Child community patients lacking competence

[[MHA 1983 s64G]] - Emergency treatment for patients lacking capacity or competence

[[MHA 1983 s64H]] - Certificates: supplementary provisions

[[MHA 1983 s64I]] - Liability for negligence

[[MHA 1983 s64J]] - Factors to be considered in determining whether patient objects to treatment

[[MHA 1983 s64K]] - Interpretation of Part 4A


== Part V: Mental Health Review Tribunals ==

<center>''Constitution etc''</center>

[[MHA 1983 s65]] - Mental Health Review [Tribunal for Wales]<ref name="TTFO">[[Transfer of Tribunal Functions Order 2008]] wef 3/11/08</ref>


<center>''Applications and references concerning Part II patients''</center>

[[MHA 1983 s66]]* - Applications to tribunals

[[MHA 1983 s67]] - References to tribunals by Secretary of State concerning Part II patients

[[MHA 1983 s68]] - Duty of managers of hospitals to refer cases to tribunal

[[MHA 1983 s68A]] - Power to reduce periods under section 68 


<center>''Applications and references concerning Part III patients''</center>

[[MHA 1983 s69]]* - Applications to tribunals concerning patients subject to hospital and guardianship orders

[[MHA 1983 s70]]* - Applications to tribunals concerning restricted patients

[[MHA 1983 s71]] - References by Secretary of State concerning restricted patients


<center>''Discharge of patients''</center>

[[MHA 1983 s72]]* - Powers of tribunals

[[MHA 1983 s73]]* - Power to discharge restricted patients

[[MHA 1983 s74]]* - Restricted patients subject to restriction directions

[[MHA 1983 s75]]* - Applications and references concerning conditionally discharged restricted patients


<center>''General''</center>

[[MHA 1983 s76]] - Visiting and examination of patients

[[MHA 1983 s77]] - General provisions concerning tribunal applications

[[MHA 1983 s78]] - Procedure of [Mental Health Review Tribunal for Wales]<ref name="TTFO"/>

[[MHA 1983 s78A]] - Appeal from the Mental Health Review Tribunal for Wales to the Upper Tribunal

[[MHA 1983 s79]] - Interpretation of Part V

== Part VI: Removal and Return of Patients within UK etc ==

<center>''[Removal to and from Scotland]''<ref name="MHA"/></center> 

[[MHA 1983 s80]] - Removal of patients to Scotland

[[MHA 1983 s80ZA]] - Transfer of responsibility for community patients to Scotland 

[[MHA 1983 s80A]] - [Transfer of responsibility for conditionally discharged patients to Scotland]<ref name="MHA"/>

[[MHA 1983 s80B]] - Removal of detained patients from Scotland 

[[MHA 1983 s80C]] - Removal of patients subject to compulsion in the community from Scotland 

[[MHA 1983 s80D]] - Transfer of conditionally discharged patients from Scotland


<center>''Removal to and from Northern Ireland''</center>

[[MHA 1983 s81]] - Removal of patients to Northern Ireland

[[MHA 1983 s81ZA]] - Removal of community patients to Northern Ireland 

[[MHA 1983 s81A]] - Transfer of responsibility for patients to Northern Ireland

[[MHA 1983 s82]] - Removal to England and Wales of patients from Northern Ireland

[[MHA 1983 s82A]] - [Transfer of responsibility for conditionally discharged patients to England and Wales from Northern Ireland]


<center>''Removal to and from Channel Islands and Isle of Man''</center>

[[MHA 1983 s83]] - Removal of patients to Channel Islands or Isle of Man

[[MHA 1983 s83ZA]] - Removal or transfer of community patients to Channel Islands or Isle of Man 

[[MHA 1983 s83A]] - [Transfer of responsibility for conditionally discharged patients to Channel Islands or Isle of Man]<ref name="MHA"/>

[[MHA 1983 s84]] - Removal to England and Wales of offenders found insane in Channel Islands and Isle of Man

[[MHA 1983 s85]] - Patients removed from Channel Islands or Isle of Man

[[MHA 1983 s85ZA]] - Responsibility for community patients transferred from Channel Islands or Isle of Man 

[[MHA 1983 s85A]] - [Responsibility for conditionally discharged patients transferred from Channel Islands or Isle of Man]<ref name="MHA"/>


<center>''Removal of aliens''</center>

[[MHA 1983 s86]] - Removal of alien patients


<center>''Return of patients absent without leave''</center>

[[MHA 1983 s87]] - Patients absent from hospitals in Northern Ireland

[[MHA 1983 s88]] - Patients absent from hospitals in England and Wales

[[MHA 1983 s89]] - Patients absent from hospitals in the Channel Islands or Isle of Man


<center>''General''</center>

[[MHA 1983 s90]] - Regulations for purposes of Part VI

[[MHA 1983 s91]] - General provisions as to patients removed from England and Wales

[[MHA 1983 s92]] - Interpretation of Part VI

== Part VII: Management of Property and Affairs of Patients ==

s93 - s113 - [repealed]<ref>[[Mental Capacity Act 2005]]</ref>


== Part VIII: Miscellaneous Functions of Local Authorities and the Secretary of State ==

<center>''[Approved mental health professionals]''<ref name="MHA"/> </center>

[[MHA 1983 s114]] - [Approval by local social services authority]<ref name="MHA"/>

[[MHA 1983 s114A]] - Approval of courses etc for approved mental health professionals

[[MHA 1983 s115]] - Powers of entry and inspection


<center>''Visiting patients''</center>

[[MHA 1983 s116]] - Welfare of certain hospital patients


<center>''After-care''</center>

[[MHA 1983 s117]]* - After-care


<center>''Functions of the Secretary of State''</center>

[[MHA 1983 s118]] - Code of practice

[[MHA 1983 s119]] - Practitioners approved for the purposes of Part IV and s118

[[MHA 1983 s120]] - General protection of detained patients

[[MHA 1983 s120A]] - Investigation reports

[[MHA 1983 s120B]] - Action statements

[[MHA 1983 s120C]] - Provision of information

[[MHA 1983 s120D]] - Annual reports

[[MHA 1983 s121]] - Mental Health Act Commission [repealed]

[[MHA 1983 s122]] - Provision of pocket money for in-patients in hospital

[[MHA 1983 s123]] - Transfers to and from special hospitals

[[MHA 1983 s124]] - Default powers of Secretary of State

[[MHA 1983 s125]] - Inquiries


== Part IX: Offences ==

[[MHA 1983 s126]] - Forgery, false statements, etc

[[MHA 1983 s127]] - Ill-treatment of patients

[[MHA 1983 s128]] - Assisting patients to absent themselves without leave, etc

[[MHA 1983 s129]] - Obstruction

[[MHA 1983 s130]] - Prosecutions by local authorities


== Part X: Miscellaneous and Supplementary ==

<center>''Miscellaneous provisions''</center>

[[MHA 1983 s130A]] - Independent mental health advocates 

[[MHA 1983 s130B]] - Arrangements under section 130A 

[[MHA 1983 s130C]] - Section 130A: supplemental 

[[MHA 1983 s130D]] - Duty to give information about independent mental health advocates 

[[MHA 1983 s131]] - Informal admission of patients

[[MHA 1983 s131A]] - Accommodation, etc. for children 

[[MHA 1983 s132]] - Duty of managers of hospital to give information to detained patients

[[MHA 1983 s132A]] - Duty of managers of hospitals to give information to community patients 

[[MHA 1983 s133]] - Duty of managers of hospitals to inform nearest relative of discharge

[[MHA 1983 s134]] - Correspondence of patients

[[MHA 1983 s135]]* - Warrant to search for and remove patients

[[MHA 1983 s136]]* - [Removal etc of mentally disordered persons without a warrant]<ref name="PCA">[[Policing and Crime Act 2017]] s80. In force 11/12/17: [[Policing and Crime Act 2017 (Commencement No 4 and Saving Provisions) Regulations 2017]].</ref>

[[MHA 1983 s136A]] - Use of police stations as places of safety<ref name="PCA"/>

[[MHA 1983 s136B]] - Extension of detention<ref name="PCA"/>

[[MHA 1983 s136C]] - Protective searches<ref name="PCA"/>

[[MHA 1983 s137]] - Provisions as to custody, conveyance and detention

[[MHA 1983 s138]] - Retaking of patients escaping from custody

[[MHA 1983 s139]] - Protection for acts done in pursuance of this Act

[[MHA 1983 s140]] - [Notification of hospitals having arrangements for special cases]<ref name="MHA"/>

[[MHA 1983 s141]] - Members of Parliament suffering from mental illness

[[MHA 1983 s142]] - Pay, pensions, etc, of mentally disordered persons [repealed]

[[MHA 1983 s142A]] - Regulations as to approvals in relation to England and Wales 

[[MHA 1983 s142B]] - Delegation of powers of managers of NHS foundation trusts 


<center>''Supplemental''</center>

[[MHA 1983 s143]] - General provisions as to regulations, orders and rules

[[MHA 1983 s144]] - Power to amend local Acts

[[MHA 1983 s145]] - Interpretation

[[MHA 1983 s146]] - Application to Scotland

[[MHA 1983 s147]] - Application to Northern Ireland

[[MHA 1983 s148]] - Consequential and transitional provisions and repeals

[[MHA 1983 s149]] - Short title, commencement and application to Scilly Isles

== Schedules ==

[[MHA 1983 sched 1]] - Application of certain provisions to patients subject to hospital and guardianship orders

[[MHA 1983 sched 2]] - Mental Health Review [Tribunal for Wales]<ref name="TTFO"/>

[[MHA 1983 sched 3]] - Enactments disapplied in respect of persons within jurisdiction under Part VII

[[MHA 1983 sched 4]] - Consequential amendments (not scanned)

[[MHA 1983 sched 5]] - Transitional and saving provisions

[[MHA 1983 sched 6]] - Repeals (not scanned)

==Amendments etc==

<references/>
<nowiki>*</nowiki>Some of the most commonly-seen sections are marked with asterisks. 

==Recommended books==
*[[Richard Jones, Mental Health Act Manual (22nd edn, Sweet and Maxwell 2019)]]
*[[Brenda Hale, Mental Health Law (6th edn, Sweet and Maxwell 2017)]]
*[[Larry Gostin et al (eds), Principles of Mental Health Law and Policy (Oxford 2010)]]
*Other [[Books]]...

[[Category:Mental Health Act 1983]]