Mental Health Act 1983
Mental Health Act 1983
(as amended)
Law as at 19/11/11 unless otherwise stated under "Amendments" heading
Some of the most commonly-seen sections are marked with asterisks. Also see Overview of the MHA 1983 for a summary of the main provisions of the Act.
You are encouraged to add to or edit the commentary. However, to help ensure reliability, it is not possible to edit the text of the Act itself.
Part I: Application of Act
MHA 1983 s1 - Application of Act: "mental disorder"
Part II: Compulsory Admission to Hospital and Guardianship (i.e. Civil Sections)
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
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
MHA 1983 s11 - General provisions as to applications
MHA 1983 s12 - General provisions as to medical recommendations
MHA 1983 s12A - Conflicts of interest (to be inserted by MHA 2007)
MHA 1983 s13 - Duty of approved social workers to make applications for admission or guardianship (MHA 2007 will amend title to: Duty of approved mental health professionals to make applications for admission or guardianship)
MHA 1983 s14 - Social reports
MHA 1983 s15 - Rectification of applications and recommendations
MHA 1983 s16 - Reclassification of patients [to be repealed by MHA 2007]
MHA 1983 s17* - Leave of absence from hospital
MHA 1983 s17A - Community treatment orders [to be inserted by MHA 2007]
MHA 1983 s17B - Conditions [to be inserted by MHA 2007]
MHA 1983 s17C - Duration of community treatment order [to be inserted by MHA 2007]
MHA 1983 s17D - Effect of community treatment order [to be inserted by MHA 2007]
MHA 1983 s17E - Power to recall to hospital [to be inserted by MHA 2007]
MHA 1983 s17F - Powers in respect of recalled patients [to be inserted by MHA 2007]
MHA 1983 s17G - Effect of revoking community treatment order [to be inserted by MHA 2007]
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 [to be inserted by MHA 2007]
[MHA 2007 will amend cross-heading to "Duration of authority and discharge"]
MHA 1983 s20* - Duration of authority [i.e. renewals]
MHA 1983 s20A - Community treatment period [to be inserted by MHA 2007]
MHA 1983 s20B - Effect of expiry of community treatment order [to be inserted by MHA 2007]
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 (i.e. barring order)
MHA 1983 s25A* - Application for supervision
MHA 1983 s25B* - Making of supervision application
MHA 1983 s25C* - Supervision applications: supplementary
MHA 1983 s25D* - Requirements to secure receipt of after-care under supervision
MHA 1983 s25E* - Review of after-care under supervision etc
MHA 1983 s25F* - Reclassification of patient subject to after-care under supervision
MHA 1983 s25G* - Duration and renewal of after-care under supervision
MHA 1983 s25H* - Ending of after-care under supervision
MHA 1983 s25I* - Special provisions as to patients sentenced to imprisonment etc
MHA 1983 s25J* - Patients moving from Scotland to England and Wales
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 (i.e. displacement)
MHA 1983 s30 - Discharge and variation of orders under s29
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 (i.e. Criminal Sections)
MHA 1983 s35 - Remand to hospital for report on accused's mental condition
MHA 1983 s36 - Remand of accused person to hospital for treatment
MHA 1983 s37* - Powers of courts to order hospital admission or guardianship (i.e. hospital orders and guardianship orders)
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
MHA 1983 s41* - Power of higher courts to restrict discharge from hospital (i.e. Restriction orders)
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
MHA 1983 s45A - Power of higher courts to direct hospital admission
MHA 1983 s45B - Effect of hospital and limitation directions
MHA 1983 s46 - Persons ordered to be kept in custody during Her Majesty's pleasure
MHA 1983 s47* - Removal to hospital of persons serving sentences of imprisonment, etc. (i.e. Transfer directions)
MHA 1983 s48* - Removal to hospital of other prisoners (i.e. usually remand prisoners)
MHA 1983 s49* - Restriction on discharge of prisoners removed to hospital (i.e. Restriction direction)
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]
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. [to be inserted by MHA 2007]
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 [to be inserted by MHA 2007]
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
[to be inserted by MHA 2007]
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
MHA 1983 s65 - Mental Health Review Tribunals
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 [to be inserted by MHA 2007]
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
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
MHA 1983 s76 - Visiting and examination of patients
MHA 1983 s77 - General provisions concerning tribunal applications
MHA 1983 s78 - Procedure of tribunals
MHA 1983 s79 - Interpretation of Part V
Part VI: Removal and Return of Patients within UK etc
MHA 1983 s80 - Removal of patients to Scotland
MHA 1983 s80ZA - Transfer of responsibility for community patients to Scotland [to be inserted by MHA 2007]
MHA 1983 s80A - Transfer of responsibility for patients to Scotland [MHA 2007 will amend title to: Transfer of responsibility for conditionally discharged patients to Scotland]
MHA 1983 s80B - Removal of detained patients from Scotland [to be inserted by MHA 2007]
MHA 1983 s80C - Removal of patients subject to compulsion in the community from Scotland [to be inserted by MHA 2007]
MHA 1983 s80D - Transfer of conditionally discharged patients from Scotland [inserted by MHA 2007]
MHA 1983 s81 - Removal of patients to Northern Ireland
MHA 1983 s81ZA - Removal of community patients to Northern Ireland [to be inserted by MHA 2007]
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]
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 [to be inserted by MHA 2007]
MHA 1983 s83A - Transfer of responsibility for patients to Channel Islands or Isle of Man [MHA will amend title to: Transfer of responsibility for conditionally discharged patients to Channel Islands or Isle of Man]
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 [to be inserted by MHA 2007]
MHA 1983 s85A - Responsibility for patients transferred from Channel Islands or Isle of Man [MHA 2007 will amend title to: Responsibility for conditionally discharged patients transferred from Channel Islands or Isle of Man]
MHA 1983 s86 - Removal of alien patients
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
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
This Part will be repealed by Mental Capacity Act 2005.
MHA 1983 s93 - Judicial authorities and Court of Protection
MHA 1983 s94 - Exercise of judge's functions: "the patient"
MHA 1983 s95 - General functions of the judge with respect to property and affairs of patient
MHA 1983 s96 - Powers of the judge as to patient's property and affairs
MHA 1983 s97 - Supplementary provisions as to wills executed under s96
MHA 1983 s98 - Judge's powers in cases of emergency
MHA 1983 s99 - Power to appoint receiver
MHA 1983 s100 - Vesting of stock in curator appointed outside England and Wales
MHA 1983 s101 - Preservation of interests in patient's property
MHA 1983 s102 - Lord Chancellor's Visitors
MHA 1983 s103 - Functions of Visitors
MHA 1983 s104 - General powers of the judge with respect to proceedings
MHA 1983 s105 - Appeals
MHA 1983 s106 - Rules of procedure
MHA 1983 s107 - Security and accounts
MHA 1983 s108 - General provisions as to rules under Part VII
MHA 1983 s109 - Effect and proof of orders etc
MHA 1983 s110 - Reciprocal arrangements in relation to Scotland and Northern Ireland as to exercise of powers
MHA 1983 s111 - Construction of references in other Acts to judge or authority having jurisdiction under Part VII
MHA 1983 s112 - Interpretation of Part VII
MHA 1983 s113 - Disapplication of certain enactments in relation to persons within the jurisdiction of the judge
Part VIII: Miscellaneous Functions of Local Authorities and the Secretary of State
MHA 1983 s114 - Appointment of approved social workers (MHA 2007 will amend title to: Approval by local social services authority)
MHA 1983 s114A - Approval of courses etc for approved mental health professionals (inserted by MHA 2007)
MHA 1983 s115 - Powers of entry and inspection
MHA 1983 s116 - Welfare of certain hospital patients
MHA 1983 s117* - After-care
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 s121 - Mental Health Act Commission
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
MHA 1983 s130A - Independent mental health advocates [to be inserted by MHA 2007]
MHA 1983 s130B - Arrangements under section 130A [to be inserted by MHA 2007]
MHA 1983 s130C - Section 130A: supplemental [to be inserted by MHA 2007]
MHA 1983 s130D - Duty to give information about independent mental health advocates [to be inserted by MHA 2007]
MHA 1983 s131 - Informal admission of patients
MHA 1983 s131A - Accommodation, etc. for children [to be inserted by MHA 2007]
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 [to be inserted by MHA 2007]
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* - Mentally disordered persons found in public places
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 reception of urgent cases [MHA 2007 will amend title to: Notification of hospitals having arrangements for special cases]
MHA 1983 s141 - Members of Parliament suffering from mental illness
MHA 1983 s142 - Pay, pensions, etc, of mentally disordered persons
MHA 1983 s142A - Regulations as to approvals in relation to England and Wales [to be inserted by MHA 2007]
MHA 1983 s142B - Delegation of powers of managers of NHS foundation trusts [inserted by MHA 2007 wef 24/7/07]
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 Tribunals
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)