Introductory Text
PART I Preliminary
1.Repeal of Lunacy and Mental Treatment Acts and Mental Deficiency Acts
2.Dissolution of Board of Control
3.Mental Health Review Tribunals
4.Definition and classification of mental disorder
5.Informal admission of patients
PART II Local Authority Services
General Provisions
6.Functions of local health authorities
7.Conduct of premises of local health authorities
8.Functions of welfare authorities
9.Functions of children authorities
10.Welfare of certain hospital patients
Provision for care and training of children in lieu of education
11.Examination and classification under Education Act, 1944
12.Power to compel attendance at training centres
13.Provisions as to regular attendance for training
PART III Mental Nursing Homes, Residential Homes, etc.
Nursing Homes
14.Registration of nursing homes under Public Health Act
15.Special provisions as to registration of nursing homes
16.Conduct of mental nursing homes
17.Inspection of mental nursing homes and visiting of patients
18.Continuance of special registration on cancellation or death
Residential Homes
19.Registration of residential homes under National Assistance Act, 1948
20.Special provisions as to registration of residential homes
21.Records and inspection of residential homes
Miscellaneous
22.Powers of entry and inspection of other premises
23.Prosecution of offences
24.Application to London
PART IV Compulsory Admission to Hospital and Guardianship
Procedure for hospital admission
25.Admission for observation
26.Admission for treatment
27.General provisions as to applications
28.General provisions as to medical recommendations
29.Admission for observation in case of emergency
30.Applications in respect of patients already in hospital
31.Effect of application for admission
32.Rectification of application and recommendations
Procedure for reception into guardianship
33.Application for guardianship
34.Effect of guardianship application, etc.
Care and treatment of patients
35.Regulations as to guardianship
36.Correspondence of patients
37.Visiting and examination of patients
38.Re-classification of patients
39.Leave of absence from hospital
40.Return and re-admission of patients absent without leave
41.Regulations as to transfer of patients
42.Transfer of guardianship in case of death, incapacity, etc., of guardian
Duration of authority for detention or guardianship and discharge of patients
43.Duration of authority
44.Special provisions as to psychopathic and subnormal patients
45.Special provisions as to patients absent without leave
46.Special provisions as to patients sentenced to imprisonment, etc.
47.Discharge of patients
48.Restrictions on discharge by nearest relative
Functions of relatives of patients
49.Definition of relative and nearest relative
50.Children and young persons in care of local authority
51.Nearest relative of infant under guardianship, etc.
52.Appointment by court of acting nearest relative
53.Discharge and variation of orders under s. 52
Supplemental
54.Duty of mental welfare officer to make application for admission or guardianship
55.Procedure on applications to county court
56.Regulations for purposes of Part IV
57.Power of Minister to refer to Tribunal
58.Special provisions as to wards of court
59.Interpretation of Part IV
PART V Admission of Patients concerned in Criminal Proceedings, etc., and Transfer of Patients under sentence
Provisions for compulsory admission or guardianship of patients convicted of criminal offences, etc.
60.Powers of courts to order hospital admission or guardianship
61.Additional powers in respect of children and young persons
62.Requirements as to medical evidence
63.Effects of hospital orders and guardianship orders
64.Supplementary provisions as to hospital orders
65.Power of higher courts to restrict discharge from hospital
66.Powers of Secretary of State in respect of patients subject to restriction orders
67.Power of magistrates' courts to commit for restriction order
68.Committal to hospital under s. 67
69.Appeals from assizes and quarter sessions
70.Appeals from magistrates' courts
71.Persons ordered to be kept in custody during Her Majesty's pleasure
Transfer to hospital or guardianship of prisoners, etc.
72.Removal to hospital of persons serving sentences of imprisonment etc.
73.Removal to hospital of other prisoners
74.Restriction on discharge of prisoners removed to hospital
75.Further provisions as to prisoners under sentence
76.Further provisions as to persons committed for trial or sentence, etc.
77.Further provisions as to persons remanded by magistrates' courts
78.Further provisions as to civil prisoners
79.Reception into guardianship of persons sent to approved schools
Supplemental
80.Interpretation of Part V
PART VI Removal and Return of Patients within United Kingdom, etc.
Removal to and from Scotland
81.Removal to Scotland of patients not subject to restriction
82.Removal to Scotland of patients subject to restriction on discharge
83.Application of Scottish enactments to patients removed under s. 82
84.Removal to England and Wales of state mental patients
Removal to and from Northern Ireland
85.Removal to Northern Ireland of patients not subject to restriction
86.Removal to Northern Ireland of patients subject to restriction on discharge
87.Removal to England and Wales of patients other than criminal patients
88.Removal to England and Wales of criminal patients
Other provisions as to removal
89.Removal of certain patients from Channel Islands and Isle of Man to England and Wales
90.Removal of alien patients
Return of patients absent without leave
91.Persons absent from Scottish institutions
92.Patients absent from Northern Irish institutions
93.Patients absent from hospitals in England and Wales
Supplemental
94.Regulations for purposes of Part VI
95.General provisions as to patients removed from England and Wales
96.Interpretation of Part VI
PART VII Special Hospitals
97.Provision of institutions for treatment under conditions of special security
98.Administrative provisions
99.Transfers to and from special hospitals
PART VIII Management of Property and Affairs of Patients
100.Judicial authorities and Court of Protection
101.Persons within the jurisdiction of the judge: "the patient"
102.General functions of the judge with respect to property and affairs of patient
103.Powers of the judge as to patient's property and affairs
104.Judge's powers in cases of emergency
105.Power to appoint receiver
106.Vesting of stock in curator appointed outside England and Wales
107.Preservation of interests in patient's property
108.Lord Chancellor's Visitors
109.Functions of Visitors
110.General powers of the judge with respect to proceedings
111.Appeals
112.Rules of procedure
113.Security and accounts
114.General provisions as to rules under Part VIII
115.Supplementary provisions as to Court of Protection
116.Effect and proof of orders, etc.
117.Reciprocal arrangements in relation to Scotland and Northern Ireland as to exercise of powers
118.Construction of references in other Acts to judge or authority having jurisdiction under Part VIII
119.Interpretation of Part VIII
120.Modifications of Lunacy Regulation (Ireland) Act, 1871
121.Repeal of certain enactments in relation to persons within the jurisdiction of the judge
PART IX Miscellaneous and General
Powers and proceedings of Mental Health Review Tribunals
122.Applications to tribunals
123.Powers of tribunals
124.Rules as to procedure
Offences
125.Forgery, false statements, etc.
126.Ill-treatment of patients
127.Amendment of Sexual Offences Act, 1956
128.Sexual intercourse with patients
129.Assisting patients to absent themselves without leave, etc.
130.Obstruction
131.Prosecutions by local authorities
Miscellaneous provisions
132.Notification of hospitals having arrangements for reception of urgent cases
133.Provision of pocket money for in-patients in hospital
134.Correspondence of patients not subject to detention
135.Warrant to search for and remove patients
136.Mentally disordered persons found in public places
137.Amendment of provisions as to members of Parliament
138.Pay, pensions, etc., of mentally disordered persons
Supplemental
139.Provisions as to custody, conveyance and detention
140.Retaking of patients escaping from custody
141.Protection for acts done in pursuance of this Act
142.Default powers of Minister
143.Inquiries
144.Expenses
145.General provisions as to regulations, orders and rules
146.Warrants of Secretary of State
147.Interpretation
148.Transitional provisions
149.Minor and consequential amendments and repeals
150.Application to Scotland
151.Power of Parliament of Northern Ireland to make consequential amendments of this Act
152.Application to Northern Ireland
153.Commencement
154.Short title and application to Stilly Isles
SCHEDULES
FIRST SCHEDULE
Mental Health Review Tribunals
1.Each of the Mental Health Review Tribunals shall consist of—...
2.The members of Mental Health Review Tribunals shall hold and...
3.One of the legal members of each Mental Health Review...
4.Subject to rules made by the Lord Chancellor under paragraph...
5.A member of a Mental Health Review Tribunal for any...
6.Where the chairman of the Tribunal is included among the...
SECOND SCHEDULE
Sections Substituted for Education Act, 1944, s. 57
THIRD SCHEDULE
Application of Part IV to Patients Admitted to Hospital or Placed under Guardianship under Part V
FOURTH SCHEDULE
Modifications of Provisions of Lunacy Regulation (Ireland) Act, 1871
1.In the definitions in section two of the Lunacy Regulation...
2.Section eighteen of the Act (which contains provisions requiring an...
3.In section sixty-eight of the Act (which provides that where...
4.For section ninety-one of the Act (which authorises the making...
5.In section ninety-six of the Act (which prescribes the extent...
FIFTH SCHEDULE
General Enactments Ceasing to Have Effect in Relation to persons within jurisdiction under part VIII
SIXTH SCHEDULE
Transitional Provisions
PART I Provisions relating to Part II
1.Without prejudice to the power of the Minister to give...
2.Anything done before the commencement of this Act under any...
PART II Provisions relating to Part III
3.(1) Until the expiration of the period of six months...
4.During the period of six months beginning with the commencement...
5.During the period of six months beginning with the commencement...
6.Where, by virtue of this Schedule any person is treated...
PART III Provisions relating to Parts IV and V
Patients other than transferred patients and short-period patients
7.(1) This paragraph applies to patients who immediately before the...
8.(1) In relation to any patient who by virtue of...
9.(1) A patient to whom paragraph 7 of this Schedule...
10.(1) The period for which a patient may by virtue...
11.(1) Authority for the detention or guardianship of a patient...
12.(1) In relation to any patient who by virtue of...
13.(1) The responsible medical officer may record for the purposes...
14.Any person who immediately before the commencement of this Act...
Transferred patients
15.(1) This paragraph applies to patients who immediately before the...
16.(1) References in the last foregoing paragraph to a patient...
17.Upon a direction restricting the discharge of a transferred patient...
Short-period patients
18.A person who immediately before the commencement of this Act...
19.A person who immediately before the commencement of this Act...
20.A person who immediately before the commencement of this Act—...
Patients on leave or absent without leave
21.(1) Sections thirty-nine and forty of this Act shall apply...
Supplemental
22.Any opinion recorded by the responsible medical officer under this...
23.(1) In this Part of this Schedule the following expressions...
PART IV Provisions Relating to Part VIII
24.(1) The persons who immediately before the commencement of this...
25.Any order or appointment made, direction or authority given, or...
26.A person who, immediately before the commencement of this Act,...
27.Subsection (1) of section one hundred and seven of this...
28.Rules under Part VIII of this Act may contain transitional...
SEVENTH SCHEDULE
Minor and Consequential Amendments
PART I Amendments extending to England and Wales only
PART II Other Amendments
EIGHTH SCHEDULE
Enactments Repealed
PART I Repeals extending to England and Wales only
PART II Other Repeals