Mental Health Act 1983

1. Introductory Text

2. Part I Application of Act

   1. 1. Application of Act: " mental disorder "

3. Part II Compulsory Admission to Hospital and Guardianship

   1. Procedure for hospital admission

      1. 2. Admission for assessment

      2. 3. Admission for treatment

      3. 4. Admission for assessment in cases of emergency

      4. 5. Application in respect of patient already in hospital

      5. 6. Effect of application for admission

   2. Guardianship

      1. 7. Application for guardianship

      2. 8. Effect of guardianship application, etc

      3. 9. Regulations as to guardianship

      4. 10. Transfer of guardianship in case of death, incapacity, etc., of guardian

   3. General provisions as to applications and recommendations

      1. 11. General provisions as to applications

      2. 12. General provisions as to medical recommendations

      3. 13. Duty of approved social workers to make applications for admission or guardianship

      4. 14. Social reports

      5. 15. Rectification of applications and recommendations

   4. Position of patients subject to detention or guardianship

      1. 16. Reclassification of patients

      2. 17. Leave of absence from hospital

      3. 18. Return and readmission of patients absent without leave

      4. 19. Regulations as to transfer of patients

   5. Duration of detention or guardianship and discharge

      1. 20. Duration of authority

      2. 21. Special provisions as to patients absent without leave

      3. 22. Special provisions as to patients sentenced to imprisonment, etc

      4. 23. Discharge of patients

      5. 24. Visiting and examination of patients

      6. 25. Restrictions on discharge by nearest relative

   6. Functions of relatives of patients

      1. 26. Definition of " relative " and " nearest relative "

      2. 27. Children and young persons in care of local authority

      3. 28. Nearest relative of minor under guardianship, etc

      4. 29. Appointment by court of acting nearest relative

      5. 30. Discharge and variation of orders under s. 29

   7. Supplemental

      1. 31. Procedure on applications to county court

      2. 32. Regulations for purposes of Part II

      3. 33. Special provisions as to wards of court

      4. 34. Interpretation of Part II

4. Part III Patients concerned in Criminal Proceedings or under Sentence

   1. Remands to hospital

      1. 35. Remand to hospital for report on accused's mental condition

      2. 36. Remand of accused person to hospital for treatment

   2. Hospital and guardianship orders

      1. 37. Powers of courts to order hospital admission or guardianship

      2. 38. Interim hospital orders

      3. 39. Information as to hospitals

      4. 40. Effect of hospital orders, guardianship orders and interim hospital orders

   3. Restriction orders

      1. 41. Power of higher courts to restrict discharge from hospital

      2. 42. Powers of Secretary of State in respect of patients subject to restriction orders

      3. 43. Power of magistrates' courts to commit for restriction order

      4. 44. Committal to hospital under s. 43

      5. 45. Appeals from magistrates' courts

   4. Detention during Her Majesty's pleasure

      1. 46. Persons ordered to be kept in custody during Her Majesty's pleasure

   5. Transfer to hospital of prisoners, etc

      1. 47. Removal to hospital of persons serving sentences of imprisonment, etc

      2. 48. Removal to hospital of other prisoners

      3. 49. Restriction on discharge of prisoners removed to hospital

      4. 50. Further provisions as to prisoners under sentence

      5. 51. Further provisions as to detained persons

      6. 52. Further provisions as to persons remanded by magistrates' courts

      7. 53. Further provisions as to civil prisoners and persons detained under the Immigration Act 1971

   6. Supplemental

      1. 54. Requirements as to medical evidence

      2. 55. Interpretation of Part III

5. Part IV Consent to Treatment

   1. 56. Patients to whom Part IV applies

   2. 57. Treatment requiring consent and a second opinion

   3. 58. Treatment requiring consent or a second opinion

   4. 59. Plans of treatment

   5. 60. Withdrawal of consent

   6. 61. Review of treatment

   7. 62. Urgent treatment

   8. 63. Treatment not requiring consent

   9. 64. Supplementary provisions for Part IV

6. Part V Mental Health Review Tribunals

   1. Constitution, etc

      1. 65. Mental Health Review Tribunals

   2. Applications and references concerning Part II patients

      1. 66. Applications to tribunals

      2. 67. References to tribunals by Secretary of State concerning Part II patients

      3. 68. Duty of managers of hospitals to refer cases to tribunal

   3. Applications and references concerning Part III patients

      1. 69. Applications to tribunals concerning patients subject to hospital and guardianship orders

      2. 70. Applications to tribunals concerning restricted patients

      3. 71. References by Secretary of State concerning restricted patients

   4. Discharge of patients

      1. 72. Powers of tribunals

      2. 73. Power to discharge restricted patients

      3. 74. Restricted patients subject to restriction directions

      4. 75. Applications and references concerning conditionally discharged restricted patients

   5. General

      1. 76. Visiting and examination of patients

      2. 77. General provisions concerning tribunal applications

      3. 78. Procedure of tribunals

      4. 79. Interpretation of Part V

7. Part VI Removal and Return of Patients within United Kingdom, etc

   1. Removal to Scotland

      1. 80. Removal of patients to Scotland

   2. Removal to and from Northern Ireland

      1. 81. Removal of patients to Northern Ireland

      2. 82. Removal to England and Wales of patients from Northern Ireland

   3. Removal to and from Channel Islands and Isle of Man

      1. 83. Removal of patients to Channel Islands or Isle of Man

      2. 84. Removal to England and Wales of offenders found insane in Channel Islands and Isle of Man

      3. 85. Patients removed from Channel Islands or Isle of Man

   4. Removal of aliens

      1. 86. Removal of alien patients

   5. Return of patients absent without leave

      1. 87. Patients absent from hospitals in Northern Ireland

      2. 88. Patients absent from hospitals in England and Wales

      3. 89. Patients absent from hospitals in the Channel Islands or Isle of Man

   6. General

      1. 90. Regulations for purposes of Part VI

      2. 91. General provisions as to patients removed from England and Wales

      3. 92. Interpretation of Part VI

8. Part VII Management of Property and Affairs of Patients

   1. 93. Judicial authorities and Court of Protection

   2. 94. Exercise of judge's functions: " the patient "

   3. 95. General functions of the judge with respect to property and affairs of patient

   4. 96. Powers of the judge as to patient's property and affairs

   5. 97. Supplementary provisions as to wills executed under s. 96

   6. 98. Judge's powers in cases of emergency

   7. 99. Power to appoint receiver

   8. 100. Vesting of stock in curator appointed outside England and Wales

   9. 101. Preservation of interests in patient's property

   10. 102. Lord Chancellor's Visitors

   11. 103. Functions of Visitors

   12. 104. General powers of the judge with respect to proceedings

   13. 105. Appeals

   14. 106. Rules of procedure

   15. 107. Security and accounts

   16. 108. General provisions as to rules under Part VII

   17. 109. Effect and proof of orders, etc

   18. 110. Reciprocal arrangements in relation to Scotland and Northern Ireland as to exercise of powers

   19. 111. Construction of references in other Acts to judge or authority having jurisdiction under Part VII

   20. 112. Interpretation of Part VII

   21. 113. Disapplication of certain enactments in relation to persons within the jurisdiction of the judge

9. Part VIII Miscellaneous Functions of Local Authorities and the Secretary of State

   1. Approved social workers

      1. 114. Appointment of approved social workers

      2. 115. Powers of entry and inspection

   2. Visiting patients

      1. 116. Welfare of certain hospital patients

   3. After-care

      1. 117. After-care

   4. Functions of the Secretary of State

      1. 118. Code of practice

      2. 119. Practitioners approved for purposes of Part IV and s. 118

      3. 120. General protection of detained patients

      4. 121. Mental Health Act Commission

      5. 122. Provision of pocket money for in-patients in hospital

      6. 123. Transfers to and from special hospitals

      7. 124. Default powers of Secretary of State

      8. 125. Inquiries

10. Part IX Offences

    1. 126. Forgery, false statements, etc

    2. 127. Ill-treatment of patients

    3. 128. Assisting patients to absent themselves without leave, etc

    4. 129. Obstruction

    5. 130. Prosecutions by local authorities

11. Part X Miscellaneous and Supplementary

    1. Miscellaneous provisions

       1. 131. Informal admission of patients

       2. 132. Duty of managers of hospitals to give information to detained patients

       3. 133. Duty of managers of hospitals to inform nearest relatives of discharge

       4. 134. Correspondence of patients

       5. 135. Warrant to search for and remove patients

       6. 136. Mentally disordered persons found in public places

       7. 137. Provisions as to custody, conveyance and detention

       8. 138. Retaking of patients escaping from custody

       9. 139. Protection for acts done in pursuance of this Act

       10. 140. Notification of hospitals having arrangements for reception of urgent cases

       11. 141. Members of Parliament suffering from mental illness

       12. 142. Pay, pensions, etc., of mentally disordered persons

    2. Supplemental

       1. 143. General provisions as to regulations, orders and rules

       2. 144. Power to amend local Acts

       3. 145. Interpretation

       4. 146. Application to Scotland

       5. 147. Application to Northern Ireland

       6. 148. Consequential and transitional provisions and repeals

       7. 149. Short title, commencement and application to Stilly Isles

12. 1. Schedule 1

       Application of certain provisions to patients subject to hospital and guardianship orders

    2. Schedule 2

       Mental Health Review Tribunals

    3. Schedule 3

       Enactments disapplied in respect of persons within jurisdiction under Part VII

    4. Schedule 4

       Consequential amendments

    5. Schedule 5

       Transitional and saving provisions

    6. Schedule 6

       Repeals