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Mental Health Act 1959

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Part IXE+W Miscellaneous and General

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122—124.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W

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Amendments (Textual)

OffencesE+W

125, 126.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W

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Amendments (Textual)

127 Amendment of Sexual Offences Act, 1956. E+W

(1)The Sexual Offences Act, 1956, shall be amended as follows:—

(a)For section seven there shall be substituted the following section:—

7 Intercourse with defective.

(1)It is an offence, subject to the exception mentioned in this section, for a man to have unlawful sexual intercourse with a woman who is a defective.

(2)A man is not guilty of an offence under this section because he has unlawful sexual intercourse with a woman if he does not know and has no reason to suspect her to be a defective.

(b)for section forty-five there shall be substituted the following section:—

45 Meaning of “defective”.

In this Act “defective” means a person suffering from severe subnormality within the meaning of the Mental Health Act, 1959.

and section eight of that Act shall cease to have effect.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

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Amendments (Textual)

Modifications etc. (not altering text)

C2The text of s. 127(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

128Sexual intercourse with patients.E+W

(1)Without prejudice to section seven of the M1Sexual Offences Act 1956, it shall be an offence, subject to the exception mentioned in this section,—

(a)for a man who is an officer on the staff of or is otherwise employed in, or is one of the managers of, a hospital [F4, independent hospital or care home] to have unlawful sexual intercourse with a woman who is for the time being receiving treatment for mental disorder in that hospital or home, or to have such intercourse on the premises of which the hospital or home forms part with a woman who is for the time being receiving such treatment there as an out-patient;

(b)for a man to have unlawful sexual intercourse with a woman who is a mentally disordered patient and who is subject to his guardianship under [F5the Mental Health Act 1983] or is otherwise in his custody or care under [F5the Mental Health Act 1983] or in pursuance of arrangements under . . . F6, or Part III of the M2National Assistance Act 1948, [F7or the M3National Health Service Act 1977] or as a resident in [F8a care home].

(2)It shall not be an offence under this section for a man to have sexual intercourse with a woman if he does not know and has no reason to suspect her to be a mentally disordered patient.

(3)Any person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding two years.

(4)No proceedings shall be instituted for an offence under this section except by or with the consent of the Director of Public Prosecutions.

(5)This section shall be construed as one with the M4Sexual Offences Act 1956; and section forty-seven of that Act (which relates to the proof of exceptions) shall apply to the exception mentioned in this section.

[F9(6)In this section “independent hospital” and “care home” have the same meanings as in the Care Standards Act 2000.]

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Amendments (Textual)

F4Words in s. 128(1)(a) substituted (1.4.2002) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 2(a); S.I. 2001/4150, art. 3(3)(a) (subject to art. 4 and with transitional provisions in S.I. 2002/1493, art. 4); S.I. 2002/290, art. 3(2)(3) (with art. 3(6)-(10) and subject to art. 3(4)(5), Schs. 1-3)

F8Words in s. 128(1)(b) substituted (1.4.2002) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 2(a); S.I. 2001/4150, art. 3(3)(a) (subject to art. 4 and with transitional provisions in S.I. 2002/1493, art. 4); S.I. 2002/290, art. 3(2)(3) (with art. 3(6)-(10) and subject to art. 3(4)(5), Schs. 1-3)

F9S. 128(6) inserted (1.4.2002) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 2(b); S.I. 2001/4150, art. 3(3)(a) (subject to art. 4 and with transitional provisions in S.I. 2002/1493, art. 4); S.I. 2002/290, art. 3(2)(3) (with art. 3(6)-(10) and subject to art. 3(4)(5), Schs. 1-3)

Marginal Citations

129, 130.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10E+W

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Amendments (Textual)

131Prosecutions by local authorities.E+W

(1)A [F11local social services authority] may institute proceedings for any offence under this Part of this Act, but without prejudice to any provision of this Part of this Act requiring the consent of the Director of Public Prosecutions for the institution of such proceedings.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

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Amendments (Textual)

Miscellaneous provisionsE+W+S+N.I.

132, 133.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13E+W

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Amendments (Textual)

134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14E+W

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Amendments (Textual)

135—138.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15E+W

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Amendments (Textual)

139—141. SupplementalE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

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Amendments (Textual)

142 Default powers of Minister.E+W

(1)Where the Minister is of opinion, on complaint or otherwise, that a [F17local social services authority] have failed to carry out functions conferred or imposed on the authority by or under this Act or have in carrying out those functions failed to comply with any regulations relating thereto, he may after such inquiry as he thinks fit make an order declaring the authority to be in default.

(2)Subsections (3) to (5) of [F18section 85 of the M5National Health Service Act 1977] (which relates to orders declaring, among others, a local authority to be in default under that Act) shall apply in relation to an order under this section as they apply in relation to an order under that section.

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Amendments (Textual)

Marginal Citations

143 Inquiries. E+W

The Minister may cause an inquiry to be held in any case where he thinks it advisable to do so in connection with any matter arising under this Act, and [F19subsections (2) to (5) of section 250 of the M6Local Government Act 1972] shall apply to any inquiry held under this Act, except that no local authority shall be ordered to pay costs under subsection (4) of that section in the case of any inquiry unless the authority is a party thereto.

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Amendments (Textual)

F19Words substituted by virtue of Local Government Act 1972 (c. 70), s. 272(2)

Modifications etc. (not altering text)

Marginal Citations

144 Expenses.E+W

(1)There shall be defrayed out of moneys provided by Parliament—

(a)any expenses incurred by the Minister or a Secretary of State under this Act;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

(c)any increase attributable to this Act in the sums payable out of moneys provided by Parliament under any other enactment.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

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Amendments (Textual)

145 General provisions as to regulations, orders and rules.E+W+S

(1)Any power of the Minister or the Lord Chancellor to make regulations, orders or rules under this Act shall be exercisable by statutory instrument.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

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Amendments (Textual)

146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23E+W

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Amendments (Textual)

147, 148.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24E+W

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Amendments (Textual)

149 Minor and consequential amendments and repeals.E+W

(1)The enactments described in the first column of the Seventh Schedule to this Act shall have effect subject to the amendments specified in the second column of that Schedule, being minor amendments and amendments consequential on the foregoing provisions of this Act.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

(3)—(5).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

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Amendments (Textual)

Modifications etc. (not altering text)

C4The text of s. 149(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

150 Application to Scotland.E+W+S+N.I.

The following provisions of this Act shall extend to Scotland, that is to say—

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

  • section one hundred and forty-five so far as applicable to any Order in Council extending to Scotland;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

  • Part II of the Seventh Schedule;

  • Part II of the Eighth Schedule;

but except as aforesaid, and except so far as it relates to the interpretation or commencement of the said provisions, this Act shall not extend to Scotland.

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Amendments (Textual)

151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29E+W

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Amendments (Textual)

152 Application to Northern Ireland.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30, this Act shall not extend to Northern Ireland.

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Amendments (Textual)

153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31E+W

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Amendments (Textual)

154 Short title and application to Scilly Isles.E+W

(1)This Act may be cited as the Mental Health Act 1959.

(2)[F32Section 130(4) of the M7National Health Service Act 1977] (which provides for the extension of that Act to the Isles of Scilly) shall have effect as if the references to that Act included references to this Act.

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Amendments (Textual)

F32Words substituted by National Health Service Act 1977 (c. 49), s. 129. Sch. 15 para. 34

Modifications etc. (not altering text)

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