Mental Health Act 1959

1. Introductory Text

2. PART I Preliminary

   1. 1. Repeal of Lunacy and Mental Treatment Acts and Mental Deficiency Acts

   2. 2. Dissolution of Board of Control

   3. 3. Mental Health Review Tribunals

   4. 4. Definition and classification of mental disorder

   5. 5. Informal admission of patients

3. PART II Local Authority Services

   1. General Provisions

      1. 6. Functions of local health authorities

      2. 7. Conduct of premises of local health authorities

      3. 8. Functions of welfare authorities

      4. 9. Functions of children authorities

      5. 10. Welfare of certain hospital patients

   2. Provision for care and training of children in lieu of education

      1. 11. Examination and classification under Education Act, 1944

      2. 12. Power to compel attendance at training centres

      3. 13. Provisions as to regular attendance for training

4. PART III Mental Nursing Homes, Residential Homes, etc.

   1. Nursing Homes

      1. 14. Registration of nursing homes under Public Health Act

      2. 15. Special provisions as to registration of nursing homes

      3. 16. Conduct of mental nursing homes

      4. 17. Inspection of mental nursing homes and visiting of patients

      5. 18. Continuance of special registration on cancellation or death

   2. Residential Homes

      1. 19. Registration of residential homes under National Assistance Act, 1948

      2. 20. Special provisions as to registration of residential homes

      3. 21. Records and inspection of residential homes

   3. Miscellaneous

      1. 22. Powers of entry and inspection of other premises

      2. 23. Prosecution of offences

      3. 24. Application to London

5. PART IV Compulsory Admission to Hospital and Guardianship

   1. Procedure for hospital admission

      1. 25. Admission for observation

      2. 26. Admission for treatment

      3. 27. General provisions as to applications

      4. 28. General provisions as to medical recommendations

      5. 29. Admission for observation in case of emergency

      6. 30. Applications in respect of patients already in hospital

      7. 31. Effect of application for admission

      8. 32. Rectification of application and recommendations

   2. Procedure for reception into guardianship

      1. 33. Application for guardianship

      2. 34. Effect of guardianship application, etc.

   3. Care and treatment of patients

      1. 35. Regulations as to guardianship

      2. 36. Correspondence of patients

      3. 37. Visiting and examination of patients

      4. 38. Re-classification of patients

      5. 39. Leave of absence from hospital

      6. 40. Return and re-admission of patients absent without leave

      7. 41. Regulations as to transfer of patients

      8. 42. Transfer of guardianship in case of death, incapacity, etc., of guardian

   4. Duration of authority for detention or guardianship and discharge of patients

      1. 43. Duration of authority

      2. 44. Special provisions as to psychopathic and subnormal patients

      3. 45. Special provisions as to patients absent without leave

      4. 46. Special provisions as to patients sentenced to imprisonment, etc.

      5. 47. Discharge of patients

      6. 48. Restrictions on discharge by nearest relative

   5. Functions of relatives of patients

      1. 49. Definition of relative and nearest relative

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

      3. 51. Nearest relative of infant under guardianship, etc.

      4. 52. Appointment by court of acting nearest relative

      5. 53. Discharge and variation of orders under s. 52

   6. Supplemental

      1. 54. Duty of mental welfare officer to make application for admission or guardianship

      2. 55. Procedure on applications to county court

      3. 56. Regulations for purposes of Part IV

      4. 57. Power of Minister to refer to Tribunal

      5. 58. Special provisions as to wards of court

      6. 59. Interpretation of Part IV

6. PART V Admission of Patients concerned in Criminal Proceedings, etc., and Transfer of Patients under sentence

   1. Provisions for compulsory admission or guardianship of patients convicted of criminal offences, etc.

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

      2. 61. Additional powers in respect of children and young persons

      3. 62. Requirements as to medical evidence

      4. 63. Effects of hospital orders and guardianship orders

      5. 64. Supplementary provisions as to hospital orders

      6. 65. Power of higher courts to restrict discharge from hospital

      7. 66. Powers of Secretary of State in respect of patients subject to restriction orders

      8. 67. Power of magistrates' courts to commit for restriction order

      9. 68. Committal to hospital under s. 67

      10. 69. Appeals from assizes and quarter sessions

      11. 70. Appeals from magistrates' courts

      12. 71. Persons ordered to be kept in custody during Her Majesty's pleasure

   2. Transfer to hospital or guardianship of prisoners, etc.

      1. 72. Removal to hospital of persons serving sentences of imprisonment etc.

      2. 73. Removal to hospital of other prisoners

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

      4. 75. Further provisions as to prisoners under sentence

      5. 76. Further provisions as to persons committed for trial or sentence, etc.

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

      7. 78. Further provisions as to civil prisoners

      8. 79. Reception into guardianship of persons sent to approved schools

   3. Supplemental

      1. 80. Interpretation of Part V

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

   1. Removal to and from Scotland

      1. 81. Removal to Scotland of patients not subject to restriction

      2. 82. Removal to Scotland of patients subject to restriction on discharge

      3. 83. Application of Scottish enactments to patients removed under s. 82

      4. 84. Removal to England and Wales of state mental patients

   2. Removal to and from Northern Ireland

      1. 85. Removal to Northern Ireland of patients not subject to restriction

      2. 86. Removal to Northern Ireland of patients subject to restriction on discharge

      3. 87. Removal to England and Wales of patients other than criminal patients

      4. 88. Removal to England and Wales of criminal patients

   3. Other provisions as to removal

      1. 89. Removal of certain patients from Channel Islands and Isle of Man to England and Wales

      2. 90. Removal of alien patients

   4. Return of patients absent without leave

      1. 91. Persons absent from Scottish institutions

      2. 92. Patients absent from Northern Irish institutions

      3. 93. Patients absent from hospitals in England and Wales

   5. Supplemental

      1. 94. Regulations for purposes of Part VI

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

      3. 96. Interpretation of Part VI

8. PART VII Special Hospitals

   1. 97. Provision of institutions for treatment under conditions of special security

   2. 98. Administrative provisions

   3. 99. Transfers to and from special hospitals

9. PART VIII Management of Property and Affairs of Patients

   1. 100. Judicial authorities and Court of Protection

   2. 101. Persons within the jurisdiction of the judge: "the patient"

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

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

   5. 104. Judge's powers in cases of emergency

   6. 105. Power to appoint receiver

   7. 106. Vesting of stock in curator appointed outside England and Wales

   8. 107. Preservation of interests in patient's property

   9. 108. Lord Chancellor's Visitors

   10. 109. Functions of Visitors

   11. 110. General powers of the judge with respect to proceedings

   12. 111. Appeals

   13. 112. Rules of procedure

   14. 113. Security and accounts

   15. 114. General provisions as to rules under Part VIII

   16. 115. Supplementary provisions as to Court of Protection

   17. 116. Effect and proof of orders, etc.

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

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

   20. 119. Interpretation of Part VIII

   21. 120. Modifications of Lunacy Regulation (Ireland) Act, 1871

   22. 121. Repeal of certain enactments in relation to persons within the jurisdiction of the judge

10. PART IX Miscellaneous and General

    1. Powers and proceedings of Mental Health Review Tribunals

       1. 122. Applications to tribunals

       2. 123. Powers of tribunals

       3. 124. Rules as to procedure

    2. Offences

       1. 125. Forgery, false statements, etc.

       2. 126. Ill-treatment of patients

       3. 127. Amendment of Sexual Offences Act, 1956

       4. 128. Sexual intercourse with patients

       5. 129. Assisting patients to absent themselves without leave, etc.

       6. 130. Obstruction

       7. 131. Prosecutions by local authorities

    3. Miscellaneous provisions

       1. 132. Notification of hospitals having arrangements for reception of urgent cases

       2. 133. Provision of pocket money for in-patients in hospital

       3. 134. Correspondence of patients not subject to detention

       4. 135. Warrant to search for and remove patients

       5. 136. Mentally disordered persons found in public places

       6. 137. Amendment of provisions as to members of Parliament

       7. 138. Pay, pensions, etc., of mentally disordered persons

    4. Supplemental

       1. 139. Provisions as to custody, conveyance and detention

       2. 140. Retaking of patients escaping from custody

       3. 141. Protection for acts done in pursuance of this Act

       4. 142. Default powers of Minister

       5. 143. Inquiries

       6. 144. Expenses

       7. 145. General provisions as to regulations, orders and rules

       8. 146. Warrants of Secretary of State

       9. 147. Interpretation

       10. 148. Transitional provisions

       11. 149. Minor and consequential amendments and repeals

       12. 150. Application to Scotland

       13. 151. Power of Parliament of Northern Ireland to make consequential amendments of this Act

       14. 152. Application to Northern Ireland

       15. 153. Commencement

       16. 154. Short title and application to Stilly Isles

11. SCHEDULES

    1. FIRST SCHEDULE

       Mental Health Review Tribunals

       1. 1. Each of the Mental Health Review Tribunals shall consist of—...

       2. 2. The members of Mental Health Review Tribunals shall hold and...

       3. 3. One of the legal members of each Mental Health Review...

       4. 4. Subject to rules made by the Lord Chancellor under paragraph...

       5. 5. A member of a Mental Health Review Tribunal for any...

       6. 6. Where the chairman of the Tribunal is included among the...

    2. SECOND SCHEDULE

       Sections Substituted for Education Act, 1944, s. 57

    3. THIRD SCHEDULE

       Application of Part IV to Patients Admitted to Hospital or Placed under Guardianship under Part V

    4. FOURTH SCHEDULE

       Modifications of Provisions of Lunacy Regulation (Ireland) Act, 1871

       1. 1. In the definitions in section two of the Lunacy Regulation...

       2. 2. Section eighteen of the Act (which contains provisions requiring an...

       3. 3. In section sixty-eight of the Act (which provides that where...

       4. 4. For section ninety-one of the Act (which authorises the making...

       5. 5. In section ninety-six of the Act (which prescribes the extent...

    5. FIFTH SCHEDULE

       General Enactments Ceasing to Have Effect in Relation to persons within jurisdiction under part VIII

    6. SIXTH SCHEDULE

       Transitional Provisions

       1. PART I Provisions relating to Part II

          1. 1. Without prejudice to the power of the Minister to give...

          2. 2. Anything done before the commencement of this Act under any...

       2. PART II Provisions relating to Part III

          1. 3. (1) Until the expiration of the period of six months...

          2. 4. During the period of six months beginning with the commencement...

          3. 5. During the period of six months beginning with the commencement...

          4. 6. Where, by virtue of this Schedule any person is treated...

       3. PART III Provisions relating to Parts IV and V

          1. Patients other than transferred patients and short-period patients

             1. 7. (1) This paragraph applies to patients who immediately before the...

             2. 8. (1) In relation to any patient who by virtue of...

             3. 9. (1) A patient to whom paragraph 7 of this Schedule...

             4. 10. (1) The period for which a patient may by virtue...

             5. 11. (1) Authority for the detention or guardianship of a patient...

             6. 12. (1) In relation to any patient who by virtue of...

             7. 13. (1) The responsible medical officer may record for the purposes...

             8. 14. Any person who immediately before the commencement of this Act...

          2. Transferred patients

             1. 15. (1) This paragraph applies to patients who immediately before the...

             2. 16. (1) References in the last foregoing paragraph to a patient...

             3. 17. Upon a direction restricting the discharge of a transferred patient...

          3. Short-period patients

             1. 18. A person who immediately before the commencement of this Act...

             2. 19. A person who immediately before the commencement of this Act...

             3. 20. A person who immediately before the commencement of this Act—...

          4. Patients on leave or absent without leave

             1. 21. (1) Sections thirty-nine and forty of this Act shall apply...

          5. Supplemental

             1. 22. Any opinion recorded by the responsible medical officer under this...

             2. 23. (1) In this Part of this Schedule the following expressions...

       4. PART IV Provisions Relating to Part VIII

          1. 24. (1) The persons who immediately before the commencement of this...

          2. 25. Any order or appointment made, direction or authority given, or...

          3. 26. A person who, immediately before the commencement of this Act,...

          4. 27. Subsection (1) of section one hundred and seven of this...

          5. 28. Rules under Part VIII of this Act may contain transitional...

    7. SEVENTH SCHEDULE

       Minor and Consequential Amendments

       1. PART I Amendments extending to England and Wales only

       2. PART II Other Amendments

    8. EIGHTH SCHEDULE

       Enactments Repealed

       1. PART I Repeals extending to England and Wales only

       2. PART II Other Repeals