- Latest available (Revised)
- Point in Time (10/03/2014)
- Original (As enacted)
Point in time view as at 10/03/2014.
There are currently no known outstanding effects for the Mental Health (Amendment) Act 1982, SCHEDULE 3.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Section 65(1).
Modifications etc. (not altering text)
C1The text of Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
1—26.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
Textual Amendments
F1Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Marginal Citations
27U.K.In 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 ”.
Marginal Citations
28E+WIn 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 ”.
Marginal Citations
F229U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 3 para. 29 repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 7; S.I. 2004/874, art. 2
Marginal Citations
30U.K.In 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 ”.
31E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
Textual Amendments
Marginal Citations
32U.K.In section 5—
(a)after subsection (4) there shall be inserted—
“(4A)Where an order is made under the said subsection (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 to 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) ”.
Marginal Citations
F433U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 3 para. 33 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 8
Marginal Citations
F534U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 3 para. 34 repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 7; S.I. 2004/874, art. 2
Marginal Citations
35U.K.In section 72—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
(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 ”.
Textual Amendments
F6Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Marginal Citations
36U.K.In section 8 after subsection (3) there shall be inserted—
“(3A)If the person ordered to be retired 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 edtained 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 kept in custody pending his retrial and were detained in pursuance of a transfer direction together with a restriction direction.”
37U.K.In 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 beng 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 be 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 offender) as the court that made the order.”
38U.K.In section 14(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)for the words “admitted for observation” there shall be substituted the words “ admitted for assessment ”.
F2338
Textual Amendments
F23Sch. 3 para. 38 repealed (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 8(3), Sch.4; S.I. 1991/2488, art.2
39U.K.In 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 (mendment) Act 1983 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 csutody so llong 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) ”.
40U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
Textual Amendments
F7Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
41U.K.In 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 ”.
42U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
Textual Amendments
F8Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Marginal Citations
43U.K.In 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 ”.
Marginal Citations
F944U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F9Sch. 3 para. 44 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 8
45U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
Textual Amendments
F10Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Marginal Citations
46U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
Textual Amendments
F11Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
F1247U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F12Sch. 3 para. 47 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 8
Marginal Citations
F1348U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F13Sch. 3 para. 48 repealed (5.4.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 10; S.I. 2004/829, art. 2(1)(2)(l)(iv)
Marginal Citations
49U.K.[F14In section 5(7) for the words “an order restricting discharge” there shall be substituted the words “ a restriction order ”.]
Textual Amendments
F14Sch. 3 para. 49 repealed (E.W.) (10.3.2014) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 25 Pt. 2 (with s. 141(1)-(6)); S.I. 2014/423, art. 2(c) (with art. 3)
Marginal Citations
F1550U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F15Sch. 3 para. 50 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 8
F1651U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F16Sch. 3 para. 51 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 8
52—54.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17
Textual Amendments
F17Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Marginal Citations
55U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
Textual Amendments
F18Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
F1956U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F19Sch. 3 para. 56 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)
57, 58.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20
Textual Amendments
F20Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Marginal Citations
59U.K.In 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 ”.
60U.K.After 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.”
Textual Amendments
F21Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)
Marginal Citations
61U.K.In 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.”
Marginal Citations
62U.K.In section 1391), (2)(a) and (6)(c) for the word “observation” there shall be substituted the word “ assessment ”.
Textual Amendments
F22Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: