Search Legislation

Mental Health (Amendment) Act 1982

Status:

This is the original version (as it was originally enacted).

Schedules

Schedule 1Discharge of Restricted Patients

Preliminary

1In this Schedule—

  • " restricted patient " means a patient who is subject to a restriction order or restriction direction ;

  • " the relevant hospital order " and " the relevant transfer direction ", in relation to a restricted patient, mean the hospital order or transfer direction by virtue of which he is liable to be detained in a hospital;

  • " hospital " includes a mental nursing home.

Right to apply to Mental Health Review Tribunal

2A restricted patient detained in a hospital may apply to a Mental Health Review Tribunal—

(a)in the period between the expiration of six months and the expiration of twelve months beginning with the date of the relevant hospital order or transfer direction ; and

(b)in any subsequent period of twelve months.

Reference by Secretary of State

3(1)The Secretary of State may at any time refer the case of a restricted patient to a Mental Health Review Tribunal.

(2)The Secretary of State shall refer to a Mental Health Review Tribunal the case of any restricted patient detained in a hospital whose case has not been considered by such a tribunal, whether on his own application or otherwise, within the last three years.

(3)The Secretary of State may by order vary the length of the period mentioned in sub-paragraph (2) above.

(4)Any reference under sub-paragraph (1) above in respect of a patient who has been conditionally discharged and not recalled to hospital shall be made to the tribunal for the area in which the patient resides.

Discharge of patients

4Section 123(1) of the principal Act shall not apply in the case of a restricted patient except as provided in paragraphs 5 and 6 below.

5(1)Where an application to a Mental Health Review Tribunal is made by a restricted patient who is subject to a restriction order, or where the case of such a patient is referred to such a tribunal, the tribunal shall direct the absolute discharge of the patient if satisfied—

(a)as to the matters mentioned in paragraph (b)(i) or (ii) of section 123(1) of the principal Act; and

(b)that it is not appropriate for the patient to remain liable to be recalled to hospital for further treatment.

(2)Where in the case of any such patient as is mentioned in sub-paragraph (1) above the tribunal are satisfied as to the matters referred to in paragraph (a) of that sub-paragraph but not as to the matter referred to in paragraph (b) of that sub-paragraph the tribunal shall direct the conditional discharge of the patient.

(3)Where a patient is absolutely discharged under this paragraph he shall thereupon cease to be liable to be detained by virtue of the relevant hospital order, and the restriction order shall cease to have effect accordingly.

(4)Where a patient is conditionally discharged under this paragraph—

(a)he may be recalled by the Secretary of State under subsection (3) of section 66 of the principal Act as if he had been conditionally discharged under subsection (2) of that section ; and

(b)the patient shall comply with such conditions (if any) as may be imposed at the time of discharge by the tribunal or at any subsequent time by the Secretary of State.

(5)The Secretary of State may from time to time vary any condition imposed (whether by the tribunal or by him) under sub-paragraph (4) above.

(6)Where a restriction order in respect of a patient ceases to have effect after he has been conditionally discharged under this paragraph the patient shall, unless previously recalled, be deemed to be absolutely discharged on the date when the order ceases to have effect and shall cease to be liable to be detained by virtue of the relevant hospital order.

(7)A tribunal may defer a direction for the conditional discharge of a patient until such arrangements as appear to the tribunal to be necessary for that purpose have been made to their satisfaction; and where by virtue of any such deferment no direction has been given on an application or reference before the time when the patient's case comes before the tribunal on a subsequent application or reference, the previous application or reference shall be treated as one on which no direction under this paragraph can be given.

(8)This paragraph is without prejudice to section 66 of the principal Act (termination of restriction orders and absolute or conditional discharge by the Secretary of State).

6(1)Where an application to a Mental Health Review Tribunal is made by a restricted patient who is subject to a restriction direction, or where the case of such a patient is referred to such a tribunal, the tribunal—

(a)shall notify the Secretary of State whether, in their opinion, the patient would, if subject to a restriction order, be entitled to be absolutely or conditionally discharged under paragraph 5 above ; and

(b)if they notify him that the patient would be entitled to be conditionally discharged, may recommend that in the event of his not being discharged under this paragraph he should continue to be detained in hospital.

(2)If in the case of a patient not falling within sub-paragraph (4) below —

(a)the tribunal notify the Secretary of State that the patient would be entitled to be absolutely or conditionally discharged ; and

(b)within the period of ninety days beginning with the date of that notification the Secretary of State gives notice to the tribunal that the patient may be so discharged,

the tribunal shall direct the absolute or, as the case may be, the conditional discharge of the patient.

(3)Where a patient continues to be liable to be detained in a hospital at the end of the period referred to in sub-paragraph (2) (b) above because the Secretary of State has not given the notice there mentioned, the managers of the hospital shall, unless the tribunal have made a recommendation under sub-paragraph (1)(b) above, transfer the patient to a prison or other institution in which he might have been detained if he had not been removed to hospital, there to be dealt with as if he had not been so removed.

(4)If, in the case of a patient who is subject to a transfer direction under section 73 of the principal Act, the tribunal notify the Secretary of State that the patient would be entitled to be absolutely or conditionally discharged, the Secretary of State shall, unless the tribunal have made a recommendation under sub-paragraph (1)(b) above, by warrant direct that the patient be remitted to a prison or other institution in which he might have been detained if he had not been removed to hospital, there to be dealt with as if he had not been so removed.

(5)Where a patient is transferred or remitted under sub-paragraph (3)or (4) above the relevant transfer direction and the restriction direction shall cease to have effect on his arrival in the prison or other institution.

(6)Sub-paragraphs (3) to (8) of paragraph 5 above shall have effect in relation to this paragraph as they have effect in relation to that paragraph, taking references to the relevant hospital order and the restriction order as references to the transfer direction and the restriction direction.

(7)This paragraph is without prejudice to sections 75 and 76 of the principal Act and sections 26 and 27 of this Act (termination of transfer directions and return to prison etc. of transferred prisoners) in their application to patients who are not discharged under this paragraph.

Further consideration of case of conditionally discharged patient

7(1)Where a restricted patient has been conditionally discharged under this Schedule or under section 66(2) of the principal Act and is subsequently recalled to hospital—

(a)the Secretary of State shall, within one month of the day on which the patient returns or is returned to hospital, refer his case to a Mental Health Review Tribunal; and

(b)paragraph 2 above shall apply to the patient as if the relevant hospital order or transfer direction had been made on that day.

(2)Where a restricted patient has been conditionally discharged as aforesaid but has not been recalled to hospital he may apply to a Mental Health Review Tribunal—

(a)in the period between the expiration of twelve months and the expiration of two years beginning with the date on which he was conditionally discharged ; and

(b)in any subsequent period of two years.

(3)Any application under sub-paragraph (2) above shall be made to the tribunal for the area in which the patient resides.

(4)Paragraphs 5 and 6 above shall not apply to an application under sub-paragraph (2) above but on any such application the tribunal may—

(a)vary any condition to which the patient is subject in connection with his discharge or impose any condition which might have been imposed in connection therewith; or

(b)direct that the restriction order or restriction direction to which he is subject shall cease to have effect;

and if the tribunal give a direction under paragraph (b) above the patient shall cease to be liable to be detained by virtue of the relevant hospital order or transfer direction.

Procedure and composition of tribunals

8(1)Rules under section 124 of the principal Act may make provision as to the procedure to be adopted in cases concerning restricted patients and, in particular—

(a)for restricting the persons qualified to serve as president of a tribunal for the consideration of any application or reference relating to a restricted patient;

(b)for the transfer of proceedings from one tribunal to another in any case where, after the making of a reference or application in accordance with paragraph 3(4) or 7(3) above, the patient ceases to reside in the area of the tribunal to which the reference or application was made.

(2)Paragraph 6 of Schedule 1 to the principal Act shall have effect subject to any rules made by virtue of sub-paragraph (1)(d) above.

Persons treated as restricted patients

9(1)Subject to the provisions of this paragraph, the foregoing provisions of this Schedule shall have effect in relation to a person to whom this paragraph applies as they have effect in relation to a restricted patient.

(2)This paragraph applies to any person who—

(a)is subject to a direction which by virtue of section 71(4) of the principal Act has the same effect as a hospital order and a restriction order ; or

(b)is treated as subject to a hospital order and a restriction order by virtue of an order under section 5(1) of the Criminal Procedure (Insanity) Act 1964 or section 6 or 14(1) of the Criminal Appeal Act 1968 ; or

(c)is treated as subject to a hospital order and a restriction order or to a transfer direction and a restriction direction by virtue of section 87(2) of the principal Act, section 37(2) of this Act or section 73(2) of the Mental Health (Scotland) Act 1960.

(3)In the case of a person within paragraph (a) of sub-paragraph (2) above references in this Schedule to the relevant hospital order or restriction order shall be construed as references to the direction referred to in that paragraph.

(4)In the case of a person within paragraph (b) of sub-paragraph (2) above references in this Schedule to the relevant hospital order or restriction order shall be construed as references to the order under the provisions mentioned in that paragraph.

(5)Where a person who is treated as subject to a hospital order and a restriction order by virtue of an order under section 5(1) of the Criminal Procedure (Insanity) Act 1964 does not exercise his right to apply to a Mental Health Review Tribunal in the period of six months beginning with the date of that order the Secretary of State shall at the expiration of that period refer his case to a tribunal.

(6)For the purposes of sub-paragraph (5) above a person who applies to a tribunal but subsequently withdraws his application shall be treated as not having exercised his right to apply, and where a patient withdraws his application on a date after the expiration of the period there mentioned the Secretary of State shall refer his case as soon as possible after that date.

(7)In the case of a person within paragraph (c) of sub-paragraph (2) above references in this Schedule to the relevant hospital order, the relevant transfer direction, the restriction order or the restriction direction or to a transfer direction under section 73 of the principal Act shall be construed as references to the hospital order, transfer direction, restriction order, restriction direction or transfer direction under that section to which that person is treated as subject by virtue of the provisions mentioned in that paragraph.

Schedule 2Electoral Registration and Voting in Case of Voluntary Mental Patients

Interpretation

1In this Schedule—

  • "the Act of 1949" means the Representation of the People Act 1949 ;

  • " mental hospital" means any establishment maintained wholly or mainly for the reception and treatment of persons suffering from any form of mental disorder ;

  • "voluntary mental patient" means a person who is a patient in a mental hospital but is not liable to be detained there by virtue of any enactment.

Registration of voluntary mental patients

2(1)Subject to sub-paragraph (2) below, a person who on the qualifying date is a voluntary mental patient shall not be entitled to be registered as mentioned in section 8(1) or (2) of the Act of 1949 except in pursuance of a declaration made with reference to that date in accordance with paragraph 3 below.

(2)Sub-paragraph (1) above is without prejudice to the registration of a voluntary mental patient by virtue of his residence at an address other than the mental hospital in which he is a patient in any case in which he would be entitled to be so registered apart from this Schedule.

Patient’s declaration

3(1)A voluntary mental patient may make a declaration under this paragraph (a " patient's declaration") if he is able to do so without assistance.

(2)A patient's declaration shall be made with a view to registration in the register of electors for a particular year and with reference to the qualifying date for that register.

(3)A patient's declaration shall be made during the twelve months ending with the qualifying date by reference to which it is made but shall not have effect if after it is made and before that date the declarant ceases to be a voluntary mental patient or cancels the declaration.

(4)A patient's declaration may be made by a declarant notwithstanding the fact that by reason of his age he is not yet entitled to vote.

(5)A patient's declaration shall state that it was made by the declarant without assistance and—

(a)the date of the declaration ;

(b)that on that date and, unless it is the qualifying date, on the qualifying date next following the declarant is or will be a voluntary mental patient;

(c)the address of the mental hospital in which the declarant is a voluntary mental patient;

(d)the address where the declarant would be resident in the United Kingdom if he were not a voluntary mental patient or, if he cannot give any such address, an address (other than a mental hospital) at which he has resided in the United Kingdom ;

(e)that on the date of the declaration the declarant is a Commonwealth citizen or a citizen of the Republic of Ireland; and

(f)whether the declarant had on the date of the declaration attained the age of eighteen years and, if he had not, the date of his birth.

(6)A patient's declaration shall be attested in the prescribed manner.

(7)If a person makes a patient's declaration declaring to more than one address, or makes more than one patient's declaration bearing the same date and declaring to different addresses, the declaration or declarations shall be void.

(8)A patient's declaration may at any time be cancelled by the declarant and, subject to sub-paragraph (7) above, a patient's declaration bearing a later date shall, without any express cancellation, cancel a declaration bearing an earlier date if it is made with reference to the same qualifying date.

(9)In this paragraph " assistance " does not include assistance necessitated by blindness or other physical incapacity.

Effect of patient's declaration

4(1)A voluntary mental patient whose patient's declaration is made with reference to the qualifying date for any register shall be treated in relation to that register—

(a)as resident on the qualifying date at the address specified in the declaration pursuant to paragraph 3(5)(d) above ;

(b)in the case of registration in Northern Ireland, as resident in Northern Ireland during the whole of the period of three months ending on the qualifying date ; and

(c)in any case, until the contrary is proved, as being a Commonwealth citizen or a citizen of the Republic of Ireland of the age appearing from the declaration and as not being subject to any legal incapacity except as so appearing.

(2)Where a patient's declaration appearing to be properly made out and attested is transmitted to the registration officer in the proper manner, the declarant shall, until the contrary is proved, be treated for the purposes of registration as having been from the date of the declaration or such later date, if any, as appears therefrom, and as continuing to be, qualified to be registered as an elector.

Local government elections

5(1)Subject to sub-paragraph (2) below, no patient's declaration shall be specially made by any person for the purpose of local government elections but any patient's declaration made for the purpose of parliamentary elections shall have effect also for the purpose of local government elections.

(2)A patient's declaration may be made for the purpose of local government elections only by any person who is a peer subject to a legal incapacity to vote at parliamentary elections and, where so made, shall be marked to show that it is available for local government elections only but shall in all other respects be the same as any other patient's declaration.

Offences

6Section 49 of the Act of 1949 shall have effect in relation to a patient's declaration as it has effect in relation to a service declaration, taking the reference to subsection (2) of section 10 of that Act as a reference to sub-paragraph (1) of paragraph 3 above and the reference to the particulars required by regulations under that section as a reference to the particulars required by sub-paragraph (5) of that paragraph.

Voting by post

7(1)A person who is registered by virtue of a patient's declaration may vote by post if he applies to be treated as an absent voter and furnishes an address in the United Kingdom to which a ballot paper is to be sent for the purpose.

(2)The application shall be for a particular election only.

(3)An application to be treated as an absent voter by virtue of this paragraph shall be made to the registration officer and shall be allowed by him if he is satisfied that the applicant is, or will if registered be, entitled under this paragraph to vote as an absent voter.

Supplementary

8This Schedule and the Act of 1949 shall have effect as if this Schedule were contained in Part I of that Act.

Schedule 3Consequential Amendments

Part I

The Mental Health Act 1959

1In sections 27(1), 29(1) and (2), 30(1)(b) and .32(1) for the word " observation " there shah* be substituted the word

assessment.

2In section 33—

(a)after subsection (2) there shall be inserted—

(2A)A guardianship application shall be founded on the written recommendations in the prescribed form of two medical practitioners, including in each case a statement that in the opinion of the practitioner the conditions set out in paragraphs (a) and (b) of subsection (2) of this section are complied with ; and each such recommendation shall include—

(a)such particulars as may be prescribed of the grounds for that opinion so far as it relates to the conditions set out in the said paragraph (a); and

(b)a statement of the reasons for that opinion so far as it relates to the conditions set out in the said paragraph (b).

(2B)A guardianship application shall state the age of the patient or, if his exact age is not known to the applicant, shall state (if it be the fact) that the patient is believed to have attained the age of sixteen years.; (b) for subsection (5) there shall be substituted—

(5)Subsection (4) of section 26 and sections 27 and 28 of this Act shall apply in relation to a guardianship application as they apply in relation to an application for admission for treatment, but subject to the following modifications, that is to say—

(a)in subsection (4) of section 26 the reference to subsection (2) of that section shall be construed as a reference to subsection (2) of this section;

(b)in section 27 the words in subsection (1) " shall be addressed to the managers of the hospital to which the admission is sought, and" and subsection (1A) shall be omitted ;

(c)in section 28 subsections (3), (3A) and (5) shall be omitted and for paragraph (e) of subsection (4) there shall be substituted— ' (e) the person named as guardian in the application'.

3In section 41(2)(a) for the word " observation " there shall be substituted the word

assessment.

4In section 42(3) for the words " the interests of the patient" there shall be substituted the words

the interests of the welfare of the patient.

5In sections 47(3) and 52(4) for the word " observation" there shall be substituted the word

assessment.

6In section 59—

(a)in subsection (1), in paragraph (a) of the definition of " the responsible medical officer", for the word "observation" there shall be substituted the word

assessment;

(b)in subsection (3) for the word " subnormal" and for the word " subnormality ", in both places, there shall be substituted respectively the words

mentally impairedand

7In section 60(2) for the words " severe subnormality" there shall be substituted the words

severe mental impairment.

8In section 65—

(a)in subsections (2) and (3) for the words " an order restricting discharge " there shall be substituted the words

a restriction order;

(b)at the end of subsection (3)(a) there shall be inserted the words

or Schedule 1 to the Mental Health (Amendment) Act 1982;

(c)in subsection (4) for the words " an order restricting the discharge of the patient" there shall be substituted the words

a restriction order in respect of the patient;

(d)in subsection (5) for the words " an order restricting the discharge of a patient", " an order restricting his discharge " and " the order restricting his discharge " there shall be substituted respectively the words

a restriction order in respect of a patient, " a restriction order " and " the restriction order ".

9In section 66—

(a)in subsection (1) for the words "an order restricting the discharge of a patient" and " the order restricting the discharge of the patient" there shall be substituted respectively the words

in the case of any patient a restriction orderand " the restriction order " ;

(b)in subsection (2) for the words " an order restricting the discharge of a patient is in force " and " the order restricting his discharge " there shall be substituted respectively the words

a restriction order is in force in respect of a patientand " the restriction order " ;

(c)in subsection (3) for the words " an order restricting the discharge of a patient" and " the order restricting his discharge ", in both places, there shall be substituted respectively the words

a restriction order in respect of a patientand " the restriction order " ;

(d)in subsection (4) for the words " an order restricting the discharge of a patient" there shall be substituted the words

a restriction order in respect of a patient;

(e)in subsection (5) for the words " an order restricting discharge " there shall be substituted the words

a restriction order.

10In section 67—

(a)in subsections (1)(b), (3)(a) and (4) for the words " an order restricting his discharge" there shall be substituted the words

a restriction order;

(b)after subsection (3) there shall be inserted—

(3A)The Crown Court shall have the like power to make orders under sections 29, 30 and 31 of the Mental Health (Amendment) Act 1982 in the case of a person committed to the court under this section as the Crown Court has under those sections in the case of an accused person within the meaning of section 29 or 30 or of a person convicted before that court as mentioned in section 31.;

(c)in subsection (5) for the words " an order restricting discharge " there shall be substituted the words

a restriction order.

11In section 68(2) for the words "an order restricting his discharge " there shall be substituted the words

a restriction order.

12In section 71(4) for the words " an order restricting his discharge " there shall be substituted the words

a restriction order.

13In section 72(1)(a) for the words " subnormality or severe sub-normality " there shall be substituted the words

mental impairment or severe mental impairment.

14In section 73(1) for the words " severe subnormality " there shall be substituted the words

severe mental impairment.

15In section 74—

(a)in subsection (1) for the words " paragraphs (a) to (d)" there shall be substituted the words

paragraph (a) or (d);

(b)in subsection (2) for the words " a direction restricting discharge " and " an order restricting the discharge of the patient" there shall be substituted respectively the words

a restriction directionand " a restriction order ".

16In section 75—

(a)in subsection (1) for the words " direction restricting discharge ", in both places, there shall be substituted the words

restriction direction;

(b)in subsection (2) for the words "direction restricting the discharge " there shall be substituted the words

restriction direction in the case.

17In section 76—

(a)in subsection (1) for the words "paragraphs (a) to (c)" there shall be substituted the words

paragraph (a)

and after the words " this Part of this Act" there shall be inserted the words

or the Mental Health (Amendment) Act 1982;

(b)in subsection (2)(b) for the words " an order restricting discharge " there shall be substituted the words

a restriction order;

(c)in subsection (3) for the words " severe subnormality " there shall be substituted the words

severe mental impairment.

18In section 80(4) for the words " an order restricting the discharge of a patient subject to a hospital order" there shall be substituted the words

a restriction order.

19In section 81—

(a)in subsection (2)(a) for the words " an order or direction under any enactment in this Act restricting his discharge " there shall be substituted the words

a restriction order or restriction direction under any enactment in this Act;

(b)in subsection (3) for the word " observation " there shall be substituted the word

assessment;

(c)in subsection (5) for the words from "an order or direction restricting discharge " onwards there shall be substituted the words

a restriction order or restriction direction of limited duration, the order or direction restricting his discharge to which he is subject by virtue of subsection (2)(a) of this section shall expire on the date on which the restriction order or restriction direction would have expired if he had not been so removed.

3(a)in subsection (2)(d) for the words " an order or direction under any enactment in this Act restricting his discharge " there shall be substituted the words

a restriction order or restriction direction under any enactment in this Act;

(b)in subsection (3) for the word " observation " there shall be substituted the word

assessment;

(c)in subsection (6) for the words from " an order or direction restricting discharge" onwards there shall be substituted the words

a restriction order or restriction direction of limited duration, the order or direction restricting his discharge to which he is subject by virtue of subsection (2)(c) of this section shall expire on the date on which the— restriction order or restriction direction would have expired if he had not been so removed.

21In section 87—

(a)in subsection (2)(a) for the words " an order or direction under the corresponding enactment in force in England and Wales " there shall be substituted the words

a restriction order or restriction direction;

(b)in subsection (3)(a) for the word " observation " there shall be substituted the word

assessment;

(c)in subsection (5) for the words from " that order or direction " onwards, there shall be substituted the words

the restriction order or restriction direction to which he is subject by virtue of subsection (2)(a) of this section shall expire on the date on which the first-mentioned order or direction would have expired if he had not been so removed.

22In subsection (2)(a) of section 123 for the words " sub-normality or severe subnormality" there shall be substituted the words

mental impairment or severe mental impairmentand for subsection (4) of that section there shall be substituted—

(4)This section applies in relation to references to a Mental Health Review Tribunal as it applies in relation to applications made to such a tribunal by or in respect of a patient.

23In section 140(2) for the words "an order under Part V of this Act restricting his discharge " there shall be substituted the words

a restriction order under Part V of this Act.

24In section 147(1) after the definition of "patient" there shall be inserted— ' restriction direction' has the meaning assigned to it by section 74 of this Act;

' restriction order' has the meaning assigned to it by section 65 of this Act;.

25In Schedule 3—

(a)for the entry in the third column relating to section 37 there shall be substituted an entry in the same terms as that in the second column ;

(b)for the entry in the second and third columns relating to section 40 there shall be substituted respectively

Subsection (3A) shall be omittedand " Subsections (2), (3) and (3A), and in subsection (1) the words ' subject to the provisions of this section ', shall be omitted " ;

(c)at the end of the entry in the second column relating to section 43 there shall be added the words

and in subsection (5A) for the words

the application for admission for treatment or, as the case may be, in the guardianship application, that application " there shall be substituted the words

the relevant order or direction under Part V of this Act, that order or direction;

(d)for the entry in the second column relating to section 45 there shall be substituted

None;

(e)for the entry in the second column relating to section 47 there shall be substituted

In paragraph (a) of subsection (2) the reference to an application for admission for assessment, and in that paragraph and paragraph (c) of that subsection the references to the nearest relative, shall be omitted

and for the second entry in the third column relating to that section there shall be substituted

In paragraph (a) of subsection (2) the reference to an application for admission for assessment and the reference to the nearest relative shall be omitted and paragraph (c) of that subsection shall be omitted.

26In Schedule 6—

(a)in paragraph 12(3) for the words from the beginning to " that sub-paragraph " there shall be substituted the words Any such patient as is mentioned in paragraph 9(3)(b) of this Schedule

(b)in paragraph 15(3) and (6) for the words " a direction restricting his discharge " there shall be substituted the words

a restriction direction;

(c)in paragraph 17 for the words "a direction restricting the discharge of " there shall be substituted the words

a restriction direction in respect of

and for the word " sub-normality", in both places, there shall be substituted the words

mental impairment.

The Army Act 1955

27In section 116(7)—

(a)for the words " detention in a hospital under observation (with or without other medical treatment)" there shall be substituted the words

detention in a hospital for assessment (or for assessment followed by medical treatment);

(b)for the words " admission for observation " there shall be substituted the words

admission for assessment.

The Air Force Act 1955

28In section 116(7)—

(a)for the words "detention in a hospital under observation (with or without other medical treatment)" there shall be substituted the words

detention in a hospital for assessment (or for assessment followed by medical treatment);

(b)for the words " admission for observation " there shall be substituted the words

admission for assessment.

The Sexual Offences Act 1956

29In section 45 for the words from " severe subnormality " onwards there shall be substituted the words

a state of arrested or incomplete development of mind which includes severe impairment of intelligence and social functioning.

The Naval Discipline Act 1957

30In section 71(6)—

(a)for the words " detention in a hospital under observation (with or without other medical treatment)" there shall be substituted the words

detention in a hospital for assessment (or for assessment followed by medical treatment);

(b)for the words " admission for observation " there shall be substituted the words

admission for assessment.

The Mental Health (Scotland) Act 1960

31In section 73—

(a)in subsection (2)(a) for the words " an order or direction under the corresponding enactment in force in England and Wales " there shall be substituted the words

a restriction order or restriction direction under the corresponding enactment in force in England and Wales;

(b)in subsection (4) for the words from " that order or direction " onwards there shall be substituted the words

the restriction order or restriction direction to which he is subject by virtue of subsection (2)(a) of this section shall expire on the date on which the first-mentioned order or direction would have expired if he had not been so removed.

The Administration of Justice Act 1960

32In section 5—

(a)after subsection (4) there shall be inserted—

(4A)Where an order is made under the said sub* section (1) in the case of a defendant who, but for the decision of the court below, would be liable to be detained in pursuance of an interim hospital order under section 31 of the Mental Health (Amendment) Act 1982, the order may, if the court thinks fit, be one authorising his continued detention in a hospital or mental nursing home and in that event—

(a)subsection (3) of this section shall not apply to the order;

(b)Part V of the said Act of 1959 shall apply as if he had been ordered under this section to be detained in custody so long as any appeal under section 1 of this Act is pending and were detained in pursuance of a transfer direction together with a restriction direction ; and

(c)if the defendant is detained by virtue of this subsection and the appeal by the prosecutor succeeds, subsection (2) of the said section 31 (power of court to make hospital order in the absence of an offender who is subject to an interim hospital order) shall apply as if the defendant were still subject to an interim hospital order.;

(b)in subsection (5) for the words "subsection (3) or subsection (4)" there shall be substituted the words

subsection (3), (4) or (4A).

The Criminal Procedure (Insanity) Act 1964

33In paragraph 2(1) of Schedule 1 for the words "an order restricting discharge " there shall be substituted the words

a restriction order.

The Sexual Offences Act 1967

34In section 1—

(a)in subsection (3) for the words " severe subnormality ", in both places, there shall be substituted the words

severe mental handicapand the words " within the meaning of the Mental Health Act 1959 " shall be omitted ;

(b)after subsection (3) there shall be inserted—

(3A)In subsection (3) of this section ' severe mental handicap' means a state of arrested or incomplete development of mind which includes severe impairment of intelligence and social functioning.

The Criminal Justice Act 1967

35In section 72—

(a)in subsection (1)(b) after the words " the Mental Health Act 1959" there shall be inserted the words

or section 31(8) of the Mental Health (Amendment) Act 1982;

(b)in subsection (4) at the end of the definition of " convicted mental patient" there shall be inserted the words

or a person liable to be detained under section 31 of the Mental Health (Amendment) Act 1982.

The Criminal Appeal Act 1968

36In section 8 after subsection (3) there shall be inserted—

(3A)If the person ordered to be retried was, immediately before the determination of his appeal, liable to be detained in pursuance of a remand under section 30 of the Mental Health (Amendment) Act 1982 or an interim hospital order under section 31 of that Act, the Court of Appeal may, if they think fit, order that he shall continue to be detained in a hospital or mental nursing home, and in that event Part V of the Mental Health Act 1959 shall apply as if he had been ordered under this section to be kept in custody pending his retrial and were detained in pursuance of a transfer direction together with a restriction direction.

37In section 11 after subsection (4) there shall be inserted—

(5)The fact that an appeal is pending against an interim hospital order under the Mental Health (Amendment) Act 1982 shall not affect the power of the court below to renew or terminate the order or to deal with the appellant on its termination ; and where the Court of Appeal quash such an order but do not pass any sentence or make any other order in its place the Court may direct the appellant to be kept in custody or released on bail pending his being dealt with by the court below.

(6)Where the Court of Appeal make an interim hospital order by virtue of subsection (3) of this section—

(a)the power of renewing or terminating it and of dealing with the appellant on its termination shall be exercisable by the court below and not by the Court of Appeal; and

(b)the court below shall be treated for the purposes of section 31(8) of the said Act of 1982 (absconding offenders) as the court that made the order.

38In section 14(2)—

(c)for the words " detention in a hospital under observation (with or without other medical treatment)" there shall be substituted the words

detention in a hospital for assessment (or for assessment followed by medical treatment);

(b)for the words " admitted for observation" there shall be substituted the words

admitted for assessment.

39In section 37—

(a)after subsection (4) there shall be inserted—

(4A)Where an order is made under this section in the case of a defendant who, but for the decision of the Court of Appeal, would be liable to be detained in pursuance of a remand under section 30 of the Mental Health (Amendment) Act 1982 or an interim hospital order under section 31 of that Act, the order may, if the Court of Appeal thinks fit, be one authorising his continued detention in a hospital or mental nursing home and in that event—

(a)subsection (3) of this section shall not apply to the order;

(b)Part V of the said Act of 1959 shall apply to him as if he had been ordered under this section to be detained in custody so long as an appeal to the House of Lords is pending and were detained in pursuance of a transfer direction together with a restriction direction ; and

(c)if the defendant, having been subject to an interim hospital order, is detained by virtue of this subsection and the appeal by the prosecutor succeeds, subsection (2) of the said section 31 (power of court to make hospital order in the absence of an offender who is subject to an interim hospital order) shall apply as if the defendant were still subject to an interim hospital order.;

(b)in subsection (5) for the words "subsection (3) or (4)" there shall be substituted the words

subsection (3), (4) or (4A).

40In section 50(1) for the words " an order restricting discharge " there shall be substituted the words

a restriction order, and an interim hospital order under the Mental Health (Amendment) Act 1982.

41In Schedule 1—

(a)in paragraph 2 for the words " an order restricting discharge " there shall be substituted the words

a restriction order;

(b)in paragraph 3 for the word " observation" there shall be substituted the word

assessment.

42In Schedule 3, in paragraph 2, for the words " a direction restricting discharge " there shall be substituted the words

a restriction direction.

The Courts-Martial (Appeals) Act 1968

43In section 23—

(a)in subsection (2)(a) for the words " detention in a hospital under observation (with or without other medical treatment) " there shall be substituted the words

detention in a hospital for assessment (or for assessment followed by medical treatment);

(b)in subsection (3) for the words " admission for observation " there shall be substituted the words

admission for assessment.

The Children and Young Persons Act 1969

44In section 2(10) for the words " the court may make an interim order in respect of him " there shall be substituted the words " the court may make—

(a)an interim order ; or

(b)an interim hospital order within the meaning of section 31 of the Mental Health (Amendment) Act 1982,

in respect of him ; but an order shall not be made in respect of the relevant infant in pursuance of paragraph (b) of this subsection unless the conditions which, under the said section 31, are required to be satisfied for the making of an interim hospital order in respect of a person convicted as mentioned in that section are satisfied in his case so far as they are applicable.

The Local Authority Social Services Act 1970

45At the end of Schedule 1 there shall be inserted— " Mental Health (Amendment) Act 1982 (c.51)

Section 17 ...Social report on patient admitted on application of nearest relative.
Section 51 ...After-care of detained patients.
Section 61 ...Appointment of approved social workers."

The Costs in Criminal Cases Act 1973

46In section 3(7) after " 1959" there shall be inserted the words

, an interim hospital order under section 31 of the Mental Health (Amendment) Act 1982.

47In section 18(1)(c) for the words " an order restricting his discharge " there shall be substituted the words

a restriction order.

The Juries Act 1974

48In Schedule 1, for Group D there shall be substituted— Group D Mentally disordered persons A person who suffers or has suffered from mental illness, psychopathic disorder, mental handicap or severe mental handicap and on account of that condition either—

(a)is resident in a hospital or other similar institution ; or

(b)regularly attends for treatment by a medical practitioner. A person for the time being in guardianship under section 33 of the Mental Health Act 1959. A person who, under Part VIII of that Act, has been determined by a judge to be incapable, by reason of mental disorder, of managing and administering his property and affairs. (In this Group—

(a)' mental handicap' means a state of arrested or incomplete development of mind (not amounting to severe mental handicap) which includes significant impairment of intelligence and social functioning;

(b)' severe mental handicap ' means a state of arrested or incomplete development of mind which includes severe impairment of intelligence and social functioning;

(c)other expressions are to be construed in accordance with the said Act of 1959.).

The Rehabilitation of Offenders Act 1974

49In section 5(7) for the words " an order restricting discharge " there shall be substituted the words

a restriction order.

The Criminal Procedure (Scotland) Act 1975

50In section 13—

(a)in subsection (1)(b) after the words " the Mental Health Act 1959" there shall be inserted the words

, section 31(8) of the Mental Health (Amendment) Act 1982;

(b)in subsection (4) at the end of the definition of " convicted mental patient" there shall be inserted the words

or a person liable to be detained under section 31 of the Mental Health (Amendment) Act 1982.

51In section 322—

(a)in subsection (1)(b) after the words " the Mental Health Act 1959 " there shall be inserted the words

, section 31(8) of the Mental Health (Amendment) Act 1982;

(b)in subsection (4) at the end of the definition of " convicted mental patient" there shall be inserted the words

or a person liable to be detained under section 31 of the Mental Health (Amendment) Act 1982.

The Nursing Homes Act 1975

52In section 3(2)(c) after the words "the Mental Health Act 1959" there shall be inserted the words

or the Mental Health (Amendment) Act 1982.

53In section 10(2) after the words " the Mental Health Act 1959 " there shall be inserted the words

or the Mental Health (Amendment) Act 1982.

The Adoption Act 1976

54In section 32(3)(c) for the words " the said Act of 1959 " there shall be substituted the words

the Mental Health Act 1959 or the Mental Health (Amendment) Act 1982.

The National Health Service Act 1977

55In section 4 after the words " the Mental Health Act 1959 " there shall be inserted the words

or the Mental Health (Amendment) Act 1982.

56In section 105(1) for the word " observation " there shall be substituted the word

assessment.

The Foster Children Act 1980

57In section 2(5) after the words "the Mental Health Act 1959 " there shall be inserted the words

or the Mental Health (Amendment) Act 1982.

The Limitation Act 1980

58In section 38(4)—

(a)in paragraph (a) after the words " the Mental Health Act 1959 " there shall be inserted the words

or section 30 or 31 of the Mental Health (Amendment) Act 1982;

(b)in paragraph (b) for the words from " within " to " guardian ship under that Act" there shall be substituted the words

within the meaning of the said Act of 1959 without being liable to be detained as aforesaid, being treatment which follows without any interval a period during which he was liable to be detained or subject to guardianship as aforesaid.

The Contempt of Court Act 1981

59In section 14(4)—

(a)after " 1959 " there shall be inserted the words

or an interim hospital order under section 31 of the Mental Health (Amendment) Act 1982;

(b)for the words " severe subnormality " there shall be substituted the words

severe mental impairment.

60After section 14(4) there shall be inserted—

(4A)Each of the superior courts shall have the like power to make an order under section 29 of the said Act of 1982 (remand for report on accused's mental condition) where there is reason to suspect that a person who could be committed to prison for contempt of court is suffering from mental illness or severe mental impairment as the Crown Court has under that section in the case of an accused person within the meaning of that section.

The Supreme Court Act 1981

61In section 48—

(a)in subsection (6)(a) for the words " an order restricting discharge" there shall be substituted the words

a restriction order, and an interim hospital order under the Mental Health (Amendment) Act 1982;

(b)after subsection (6) there shall be inserted—

(7)The fact that an appeal is pending against an interim hospital order under the said Act of 1982 shall not affect the power of the magistrates' court that made it to renew or terminate the order or to deal with the appellant on its termination; and where the Crown Court quashes such an order but does not pass any sentence or make any other order in its place the Court may direct the appellant to be kept in custody or released on bail pending his being dealt with by that magistrates' court.

(8)Where the Crown Court makes an interim hospital order by virtue of subsection (2)—

(a)the power of renewing or terminating the order and of dealing with the appellant on its termination shall be exercisable by the magistrates' court whose decision is appealed against and not by the Crown Court; and

(b)that magistrates' court shall be treated for the purposes of section 31(8) of the said Act of 1982 (absconding offenders) as the court that made the order.

The Armed Forces Act 1981

62In section 13(1), (2)(a) and (6)(c) for the word " observation " there shall be substituted the word

assessment.

Part II

The Mental Health Act 1959

63In section 22 for the words " A mental welfare officer" and " such an officer " there shall be substituted the words

An approved social workerand " such a social worker " respectively.

64In section 27 for the words " a mental welfare officer " wherever they occur, there shall be substituted the words

an approved social worker,

in subsection (1A) for the words " that officer " there shall be substituted the words

that social worker

and in subsection (2) for the words " that officer ", wherever they occur, and " such an officer " there shall be substituted respectively the words

that social workerand " such a social worker ".

65In section 29(2) for the words " a mental welfare officer " there shall be substituted the words

an approved social worker.

66In section 34(1)(c) for the words " mental welfare officer " there shall be substituted the words

approved social worker.

67In section 40(1) for the words "any mental welfare officer" there shall be substituted the words

any approved social worker.

68In section 42(3) for the words "a mental welfare officer" there shall be substituted the words

an approved social worker.

69In section 52(2) for the words " a mental welfare officer " and " such an officer " there shall be substituted respectively the words

an approved social workerand " such a worker ".

70In section 53(2) for the words " a mental welfare officer " there shall be substituted the words

an approved social worker.

71In section 54 for the words "a mental welfare officer" wherever they occur, there shall be substituted the words

an approved social worker

and in subsections (1) and (1C) of that section for the words " that officer " there shall be substituted the words

that social worker.

72In sections 63(1)(a), 92, 93(3), 135(1) and (4) and 136(2) for the words " a mental welfare officer " there shall be substituted the words

an approved social worker.

73In section 140(1)(a) for the words "mental welfare officer" there shall be substituted the words

approved social worker.

74In section 147(1) after the definition of " absent without leave " there shall be inserted—

'"approved social worker' means an officer of a local social services authority appointed to act as an approved social worker for the purposes of this Act; ".

The Mental Health (Scotland) Act 1960

75In section 83(3)(a) for the words " mental welfare officer" there shall be substituted the words

approved social worker.

The National Health Service Act 1977

76For paragraph 2(1)(d) of Schedule 8 there shall be substituted—

(d)for the exercise of the functions of the authority in respect of persons suffering from mental disorder who are received into guardianship under Part IV or Part V of the Mental Health Act 1959 (whether the guardianship of the local social services authority or of other persons).

Schedule 4Repeals

Part I

ChapterShort titleExtent of repeal
7 & 8 Eliz. 2. c. 72.The Mental Health Act 1959.

Section 26(5).

In section 31(4) the words " or with the day on which he attains the age of sixteen years, whichever is the later ".

In section 34(5) the words " or with the day on which he attains the age of sixteen years, whichever is the later ".

Section 36.

In section 38(2) the words

" who has attained the age of

sixteen years ". In section 41(5) the words

" having attained the age of

sixteen years ". In section 43(6) the words

" who has attained the age of

sixteen years ". Section 44.

In section 45, in subsection (2) the words " or subsection (2) of section forty-four" and in subsection (3) the words " or section forty-four ".

Section 48(1).

Section 62(2) to (4).

In section 63, in subsection (3), paragraph (b) together with the word "and" preceding it and in subsection (4) the words " admitted to a hospital in pursuance of a hospital order, or " and " or with the day on which he attains the age of sixteen years, whichever is the later ".

Section 66(6) to (8).

In section 75(1)(b) the words " or authorise" and " to exercise ".

Sections 77 and 78.

In section 103, in subsection (1)(d) and (dd) the words from " so however " onwards and in subsection (3) the words from the beginning to " and ", where it first occurs.

Section 103A(5).

Section 131(2).

Section 134.

Section 137(6).

Section 144(2).

7 & 8 Eliz. 2. c. 72.—cont.The Mental Health Act 1959.—cont.

Section 146.

In section 147, in subsection (1), the definitions of " direction restricting discharge" and " order restricting discharge ", and subsection (5).

In section 152 the words " section one hundred and forty-six ".

In Schedule 3, the entries relating to section 36.

In Schedule 7, in Part 11, the entry relating to the Representation of the People Act 1949.

8 & 9 Eliz. 2. c. 61.The Mental Health (Scotland) Act 1960.In Schedule 4, the entry relating to the Representation of the People Act 1949.
1961 c. 15 (N.I.).The Mental Health Act (Northern Ireland) 1961.In Schedule 5, paragraph 5.
1967 c. 60.The Sexual Offences Act 1967.In section 1(3) the words " within the meaning of the Mental Health Act 1959 ".
1968 c. 19.The Criminal Appeal Act 1968.In Schedule 3, paragraph 1.
1969 c. 48.The Post Office Act 1969.In Schedule 4, paragraph 66.
1969 c. 54.The Children and Young Persons Act 1969.In Schedule 5, paragraph 41.
1971 c. 23.The Courts Act 1971.In Schedule 8, in paragraph 38, the figures " 73(2)(c) ", " 77 (1)" and " 73(2)(b)".
1975 c. 29.The Mental Health (Amendment) Act 1975.The whole Act.
1977 c. 49.The National Health Service Act 1977.

In Schedule 14, in paragraph 13(1)(b) the figure " 95 '*.

In Schedule 15, paragraph 33(a).

1980 c. 43.The Magistrates' Courts Act 1980.In Schedule 7, paragraphs 33 and 34.
1980 c. 53.The Health Services Act 1980.In Schedule 1, paragraph 13(8).
1981 c. 54.The Supreme Court Act 1981.In Schedule 5, paragraph 1 of the entry relating to the Mental Health Act 1959 and the entry relating to the Courts Act 1971.

Part II

ChapterShort titleExtent of repeal
7 & 8 Eliz. 2. c. 72.The Mental Health Act 1959.In section 147(1) the definition of " mental welfare officer ".
1982 c. 51The Mental Health (Amendment) Act 1982.Section 64(5).

Schedule 5Transitional Provisions and Savings

Definition of mental disorder

1Sections 1 and 2 of this Act, and the amendments in Schedule 3 which are consequential on those sections, do not affect the authority for the detention or guardianship of a person who is liable to be detained or subject to guardianship under the principal Act immediately before the date on which those sections come into force but apply to any renewal of that authority on or after that date.

Admission to hospital

2Sections 3 to 5 of this Act, and the amendments in Schedule 3 which are consequential on those sections, do not affect the principal Act in relation to any application made before the coming into force of those sections.

Reception into guardianship

3Where on the day on which section 7 of this Act comes into force a person who has not attained the age of sixteen years is subject to guardianship by virtue of a guardianship application the authority for his guardianship shall terminate on that day.

4Section 8 of this Act has effect in relation to a guardianship application made before the coming into force of that section as well as in relation to one made later.

Duration of detention or guardianship

5The amendment by section 12 of this Act of section 43(1) of the principal Act has effect in relation to any application for admission for treatment and to any guardianship application made after the date on which section 12 comes into force and the amendment by that section of section 43(2) of the principal Act has effect in relation to any renewal of authority after that date ; and where an authority has been renewed on or before that date for a period of two years of which less than sixteen months has expired on that date that period shall expire at the end of eighteen months from the date on which it began.

Discharge of patients

6Section 13(1) of this Act does not apply to a patient detained in pursuance of an application made before the coming into force of that section.

Nearest relative

7Where at any time before the coming into force of section 14 of this Act an application to a Mental Health Review Tribunal has been made by a person who at that time was the patient's nearest relative, then, if—

(a)the application has not been determined when that section comes into force; and

(b)that person would by reason of that section cease to be the patient's nearest relative,

that person shall nevertheless be treated for the purposes of the application as continuing to be his nearest relative.

Applications by persons subject to hospital orders

8Section 20(2) of this Act and the corresponding repeal in Schedule 4 to this Act do not apply to a patient who is liable to be detained immediately before those provisions come into force.

Transfer directions

9(1)Subject to sub-paragraph (2) below, sections 24 to 27 of this Act have effect in relation to a transfer direction given before the coming into force of those sections as well as in relation to one given later.

(2)Where, apart from this sub-paragraph, a transfer direction given before the date on which subsection (3) of section 24 comes into force would by virtue of that subsection have ceased to have effect before that date it shall cease to have effect on that date.

(3)The repeal by this Act of section 77 of the principal Act does not affect subsection (4) of that section in its application to a transfer direction given before the coming into force of section 26 of this Act.

Restriction orders and directions

10(1)The amendment by subsection (1) of section 28 of this Act of section 66(1) of the principal Act has effect in relation to a restriction order made before the coming into force of that section as well as in relation to one made later.

(2)Subsection (3) of that section has effect in relation to a restriction order or restriction direction made or given before the coming into force of that section as well as in relation to one made or given later.

(3)Schedule 1 to this Act has effect in relation to a restriction order or restriction direction made or given before the coming into force of that Schedule as well as in relation to one made or given later but—

(a)for the purposes of section 122(2) of the principal Act in its application to paragraphs 2 and 7(2) of that Schedule any reference to a tribunal under section 66(6) of the principal Act in respect of a patient shall be treated as an application made by him ; and

(b)paragraphs 7(1)(a) and 9(5) of that Schedule do not apply where the period in question has expired before the coming into force of that Schedule.

Removal of alien patients etc.

11Subsection (3) of section 35 of this Act does not apply in relation to a patient removed from England and Wales before the coming into force of that subsection.

Duty of managers to refer cases to tribunal

12Subsection (1) of section 40 of this Act does not apply to any patient admitted or transferred to hospital more than six months before the coming into force of that section ; and subsection (2) of that section applies only in relation to a renewal of authority for detention after the coming into force of that section.

Consent to treatment

13(1)Subsection (3) of section 44 of this Act shall not apply to any treatment given to a patient in the period of six months beginning with the day on which that section comes into force if—

(a)the detention of the patient began before the beginning of that period ; and

(b)that subsection has not been complied with in respect of any treatment previously given to him in that period.

(2)The Secretary of State may by order reduce the length of the period mentioned in sub-paragraph (1) above.

Duty of managers to give information to detained patients

14In the case of a patient who is detained at the time when section 57 of this Act comes into force the steps required by that section shall be taken as soon as practicable after that time.

Time for applications to tribunal by persons under sixteen

15The repeals by this Act in sections 31(4), 34(5) and 63(4)(a) of the principal Act shall not affect the time within which an application may be made to a tribunal by a person—

(a)who was admitted to hospital in pursuance of an application for admission for treatment; or

(b)in respect of whom a guardianship application was accepted ; or

(c)in respect of whom a hospital order was made, before the coming into force of the repeals.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources