MHA 1983 s141

Mental Health Act 1983
(as amended)

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

Part X contents

130A, 130B, 130C, 130D, 130E, 130F, 130G, 130H, 130I, 130J, 130K, 130L, 131, 131A, 132, 132A, 133, 134, 135, 136, 136A, 136B, 136C, 137, 138, 139, 140, 141, 142, 142A, 142B, 143, 144, 145, 146, 147, 148, 149

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

This section provides that an MP who is detained for over six months on the ground that he is suffering from mental disorder will lose his seat. For the exact time-frame, see the section text. It also applies to the devolved assemblies with some amendments. The provision has never been used.

In the final report of the Speaker's Conference on Parliamentary Representation, published on 6/1/10, MPs recommend that this section be repealed. Extracts follow:

63. The law on disqualification from Membership is not consistent or logical in its treatment of various types of illness or disorder. If a Member suffers from serious physical illness—say a stroke—that can leave constituents effectively un-represented in much the same way as if a Member has a serious mental disorder. Yet there is no parallel provision to s141 of the Mental Health Act 1983 for cases of physical illness. We have received substantial evidence from a number of sources, both expert and lay, to suggest that s141 wrongly implies that mental illness is in some way fundamentally different in its effects from physical illness. Yet the House, through its medical services, can provide care and assistance for those with mental illness, just as it can for those with physical illness. (Paragraph 325)

64. We believe that s141 of the 1983 Mental Health Act is unnecessary and damaging. It embodies attitudes which stigmatise and sap the confidence of people with mental illness. Section 141 should be repealed as soon as practicable. (Paragraph 327)

65. We recognise, however, that some provision may be needed to protect the legitimate interests of constituents and the House in circumstances where a Member is physically or mentally incapacitated to the extent that he or she is entirely unable to fulfil their duties for an extended period. We recommend that the House should invite an appropriate select committee to undertake an inquiry into this issue, consider whether new legislation or other measures may be needed, and make recommendations to the House and to Government as appropriate. (Paragraph 328)

On 2/2/11 Nick Clegg MP announced that s141 would be abolished.

Changes made by Mental Health Act 2007

• Mental disorder no longer split into separate classifications 3/11/08
• Supervised Community Treatment replaces Supervised Discharge 3/11/08

Related cases

Any cases with a hyperlink to this legislation will automatically be added here. There may be other relevant cases without a hyperlink, so please check the mental health case law page.   No results

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, 12. Detention in hospital [Note that the chapter number relates to the old Reference Guide] — paragraphs 12.140 to 12.142

Law

Members of Parliament suffering from mental illness

141.—[...]

Amendments

External links

• Final report of the Speaker's Conference on Parliamentary Representation (6/1/10)
• Martin Beckford, 'Clegg pledges to repeal law disqualifying mentally ill MPs' (Daily Telegraph, 3/2/11)