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Mental Health Act 1983

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139 Protection for acts done in pursuance of this Act.E+W

(1)No person shall be liable, whether on the ground of want of jurisdiction or on any other ground, to any civil or criminal proceedings to which he would have been liable apart from this section in respect of any act purporting to be done in pursuance of this Act or any regulations or rules made under this Act, or in, or in pursuance of anything done in, the discharge of functions conferred by any other enactment on the authority having jurisdiction under Part VII of this Act, unless the act was done in bad faith or without reasonable care.

(2)No civil proceedings shall be brought against any person in any court in respect of any such act without the leave of the High Court; and no criminal proceedings shall be brought against any person in any court in respect of any such act except by or with the consent of the Director of Public Prosecutions.

(3)This section does not apply to proceedings for an offence under this Act, being proceedings which, under any other provision of this Act, can be instituted only by or with the consent of the Director of Public Prosecutions.

(4)This section does not apply to proceedings against the Secretary of State or against a [F1Strategic Health Authority,][F2Health Authority [F3, Special Health Authority or Primary Care Trust]][F4or against a National Health Service trust established under the National Health Service and Community Care Act 1990][F5or NHS foundation trust] .

(5)In relation to Northern Ireland the reference in this section to the Director of Public Prosecutions shall be construed as a reference to the Director of Public Prosecutions for Northern Ireland.

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only

Textual Amendments

F1Words in s. 139(4) inserted (1.10.2002) by S.I. 2002/2469, reg. 4, Sch. 1 Pt. 1

F2Words in s. 139(4) substituted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8, Sch. 1 Pt. III para. 107(11)

F3Words in s. 139(4) substituted (E.W.) (8.2.2000) by virtue of S.I. 2000/90, art. 3(1), Sch. 1 para. 16(8) (with art. 2(5))

Modifications etc. (not altering text)

139 Protection for acts done in pursuance of this Act.S+N.I.

(1)No person shall be liable, whether on the ground of want of jurisdiction or on any other ground, to any civil or criminal proceedings to which he would have been liable apart from this section in respect of any act purporting to be done in pursuance of this Act or any regulations or rules made under this Act, or in, or in pursuance of anything done in, the discharge of functions conferred by any other enactment on the authority having jurisdiction under Part VII of this Act, unless the act was done in bad faith or without reasonable care.

(2)No civil proceedings shall be brought against any person in any court in respect of any such act without the leave of the High Court; and no criminal proceedings shall be brought against any person in any court in respect of any such act except by or with the consent of the Director of Public Prosecutions.

(3)This section does not apply to proceedings for an offence under this Act, being proceedings which, under any other provision of this Act, can be instituted only by or with the consent of the Director of Public Prosecutions.

(4)This section does not apply to proceedings against the Secretary of State or against a [F6Strategic Health Authority,][F7Health Authority or Special Health Authority][F8or against a National Health Service trust established under the National Health Service and Community Care Act 1990][F9or NHS foundation trust] .

(5)In relation to Northern Ireland the reference in this section to the Director of Public Prosecutions shall be construed as a reference to the Director of Public Prosecutions for Northern Ireland.

Extent Information

E2For extent of s. 139 to Northern Ireland and of s. 139(1) to Scotland see ss. 146, 147

E3This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only

Textual Amendments

F6Words in s. 139(4) inserted (1.10.2002) by S.I. 2002/2469, reg. 4, Sch. 1 Pt. 1 para. 10(3)

F7Words in s. 139(4) substituted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8, Sch. 1 Pt. III para. 107(11)

Modifications etc. (not altering text)

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