Mental Health Act 1959

PART I Repeals extending to England and Wales only

Session and Chapter	Short Title	Extent of Repeal
—	The Statute Prerogativa Regis.	Chapters xi and xii.
51 Geo. 3. c. 37.	The Marriage of Lunatics Act, 1811.	The whole Act.
1 & 2 Vict. c. 106.	The Pluralities Act, 1838.	Section seventy-nine.
1 & 2 Vict. c. 110.	The Judgments Act, 1838.	In section eighteen, the words " and all orders of the Lord Chancellor in matters of lunacy " and the words " and by the Lord Chancellor in matters of lunacy ".
12 & 13 Vict. c. 45.	The Quarter Sessions Act, 1849.	In section two, the words " or against an order under any statute relating to pauper lunatics
15 & 16 Vict. c. 87.	The Court of Chancery Act, 1852.	The whole Act.
23 & 24 Vict. c. 75.	The Criminal Lunatic Asylums Act, 1860.	The whole Act.
33 & 34 Vict. c. 77.	The Juries Act, 1870.	In the Schedule, the words "Keepers in public lunatic asylums ".
34 & 35 Vict. c. 44.	The Incumbents Resignation Act, 1871.	Section eighteen.
36 & 37 Vict. c. 57.	The Consolidated Fund (Permanent Charges Redemption) Act, 1873.	In section seven, in the definition of " limited owner ", the words " a committee of a lunatic or idiot".
46 & 47 Vict. c. 38.	The Trial of Lunatics Act, 1883.	In section two, in subsection (2), the words " as a criminal lunatic ".
47 & 48 Vict. c. 64.	The Criminal Lunatics Act, 1884.	The whole Act.
53 & 54 Vict. c. 5.	The Lunacy Act, 1890.	The whole Act.
53 & 54 Vict. c. 39.	The Partnership Act, 1890.	In section thirty-five, paragraph (a).
54 & 55 Vict. c. 65.	The Lunacy Act, 1891.	The whole Act.
61 & 62 Vict. c. 57.	The Elementary School Teachers (Superannuation) Act, 1898.	In section six, paragraph (b) of subsection (1) so far as it applies in relation to persons of unsound mind.
7 Edw. 7. c. 23.	The Criminal Appeal Act, 1907.	In section five, in subsection (4), the words " as a criminal lunatic ".
8 Edw. 7. c. 47.	The Lunacy Act, 1908	The whole Act.
3 & 4 Geo. 5. c. 28.	The Mental Deficiency Act, 1913.	The whole Act.
6 & 7 Geo. 5. c. 31.	The Police, Factories, &c. (Miscellaneous Provisions) Act. 1916.	Section eleven.
8 & 9 Geo. 5. c. 55.	The School Teachers (Superannuation) Act, 1918.	Section nine.
12 & 13 Geo. 5. c. 16.	The Law of Property Act, 1922.	In section one hundred and eighty-eight, paragraph (39).
12 & 13 Geo. 5. c. 60.	The Lunacy Act, 1922	The whole Act.
15 & 16 Geo. 5. c. 18.	The Settled Land Act, 1925.	Section twenty-eight.
		In section one hundred and seventeen, in subsection (1), paragraph (xiii).
15 & 16 Geo. 5. c. 19.	The Trustee Act, 1925	In section sixty-eight, in paragraph (15), the words " ' lunatic '.' defective' ".
15 & 16 Geo. 5. c. 20.	The Law of Property Act, 1925.	In section seventy-six, in paragraph (F) of subsection (1), the words " or as committee of a lunatic or as receiver of a defective," and in subsection (4), the words "or as committee of a lunatic, or as receiver of a defective ".
		In section seventy-seven, in subsection (4), the words " or as committee of a lunatic, or as receiver of a defective,".
		Section one hundred and seventy-one.
		In the Second Schedule, in the cross-heading to Part VI, the words " or as committee of a lunatic or as a receiver of a defective ".
15 & 36 Geo. 5. c. 21.	The Land Registration Act, 1925.	In section three, in paragraph (xxvi), the words "' committee ' ", " ' lunatic' " and " ' defective' ".
15 & 16 Geo. 5. c. 23.	The Administration of Estates Act, 1925.	In section fifty-one, in subsection (2), the words " committee or ".
		In section fifty-five, in paragraph (viii) of subsection (1), the definition of "committee ".
15 & 16 Geo. 5. c. 49.	The Supreme Court of Judicature (Consolidation) Act, 1925.	In section twenty-six, in subsection (2), in paragraph (c), the words from " or from any order" to the end of the paragraph.
		Section one hundred and twenty-four.
15 & 16 Geo. 5. c. 53.	The Mental Deficiency (Amendment) Act, 1925.	The whole Act.
15 & 16 Geo. 5. c. 59.	The Teachers (Superannuation) Act, 1925.	In the First Schedule, paragraph 9.
15 & 16 Geo. 5. c. 86.	The Criminal Justice Act, 1925.	In section thirty-four, the words "or the Board of Control" and the words "or a Commissioner or the Secretary of the Board of Control ".
17 & 18 Geo. 5. c. 33.	The Mental Deficiency Act, 1927.	The whole Act.
20 & 21 Geo. 5. c. 23.	The Mental Treatment Act, 1930.	The whole Act.
23 & 24 Geo. 5. c. 12.	The Children and Young Persons Act, 1933.	In the Fourth Schedule, in paragraph 4, the words from " and shall " to the end of the paragraph.
23 & 24 Geo. 5. c. 36.	The Administration of Justice (Miscellaneous Provisions) Act, 1933.	Section eight.
1 Edw. 8 & 1 Geo. 6. c. 47.	The Teachers (Superannuation) Act, 1937.	In section one, in subsection (6), the references to section nine of the School Teachers (Superannuation) Act, 1918, and paragraph 9 of the First Schedule to the Teachers (Superannuation) Act, 1925.
1 & 2 Geo. 6. c. 43.	The Mental Deficiency Act, 1938.	The whole Act.
2 & 3 Geo. 6. c. 31.	The Civil Defence Act, 1939.	In section sixty-six, in subsection (2), the word " committee " in each place where it occurs.
2 & 3 Geo. 6. c. 40.	The London Government Act. 1939.	In section ninety-four, subsection (1).
7 & 8 Geo. 6. c. 31.	The Education Act, 1944.	Section fifty-seven.
		In the Eighth Schedule, the amendment of section two of the Mental Deficiency Act, 1913.
9 & 10 Geo. 6. c. 81.	The National Health Service Act, 1946.	In section sixteen, in subsection (1), the words " or mental defectiveness ".
		In section twenty-seven, in subsection (1) the words "or mental defectiveness ".
		In section twenty-eight, in subsection (1) the words " or mental defectiveness ".
		In section twenty-nine, in subsection (1) the words " mentally defective ".
		Sections forty-nine to fifty-one.
		In section fifty-two, in subsection (1), the words " the Lunacy and Mental Treatment Acts, 1890 to 1930, or the Mental Deficiency Acts, 1913 to 1938 ".
		In section seventy-nine, in subsection (1), in the definition of " hospital", the words " or mental defectiveness" and in the definition of "local authority ", paragraph (b).
		The Eighth and Ninth Schedules.
		In the Tenth Schedule, the amendments of the Children and Young Persons Act, 1933, and the Education Act, 1944.
11 & 12 Geo. 6. c. 29.	The National Assistance Act, 1948.	In the Sixth Schedule, in paragraph 7, sub-paragraphs (2) and (3).
11 & 12 Geo. 6. c. 40.	The Education (Miscellaneous Provisions) Act, 1948.	Section eight.
		In the First Schedule, in Part I, the amendment of subsection (6) of section fifty-seven of the Education Act, 1944, and, in the amendments of section one hundred and sixteen of that Act, the paragraph beginning with " For the words "; and in Part II, the amendments of the Mental Deficiency Act, 1913.
11 & 12 Geo. 6. c. 58.	The Criminal Justice Act, 1948.	In section four, in subsection (3), the words " or can be " and the words " as a voluntary patient or," and in subsection (4), the words " as a voluntary patient or ".
		In section forty-seven, in subsection (1), the words " or voluntary ".
		Sections sixty-two to sixty-four.
		In section seventy-seven, in subsection (2), the words from the beginning to "Treasury, and ".
		In section eighty, in subsection (1), the definition of " mental hospital".
		In the Fifth Schedule, in paragraph 3, in paragraph (d) of sub-paragraph (1), the words " voluntary or ".
		In the Ninth Schedule, the amendments of the Criminal Lunatic Asylums Act, 1860, the Criminal Lunatics Act, 1884, the Mental Deficiency Act, 1913, and the Mental Deficiency Act, 1927.
11 & 12 Geo. 6. c. 63.	The Agricultural Holdings Act. 1948.	Section eighty-four.
12, 13 & 14 Geo. 6. c. 93.	The National Health Service (Amendment) Act, 1949.	Section twenty-six.
12, 13 & 14 Geo. 6. c. 100.	The Law Reform (Miscellaneous Provisions) Act, 1949.	Section eight.
14 Geo. 6. c. 25.	The Matrimonial Causes Act, 1950.	In section one, in subsection (2), in paragraph (d) the words "the Mental Treatment Act, 1930, or under".
15 & 16 Geo. 6 and 1 Eliz. 2. c. 52.	The Prison Act, 1952	In the Third Schedule, the amendments of the Mental Deficiency Act, 1913.
15 & 16 Geo. 6. and 1 Eliz. 2. c. 55.	The Magistrates' Courts Act, 1952.	In section twenty-six, subsection (6).
		Section thirty.
4 & 5 Eliz. 2. c. 34.	The Criminal Justice Administration Act, 1956.	In section two, subsection (8).
4 & 5 Eliz. 2. c. 46.	The Administration of Justice Act, 1956.	In section ten, in subsection (1), paragraph (b).
4 & 5 Eliz. 2. c. 69.	The Sexual Offences Act, 1956.	Section eight.
		In the Second Schedule, in paragraph 1, sub-paragraph (Vii). and paragraph 12.
6 & 7 Eliz. 2. c. 3.	The Yarmouth Naval Hospital Transfer Act, 1957.	The whole Act.
6 & 7 Eliz. 2. c. 40.	The Matrimonial Proceedings (Children) Act, 1958. ,	In section five, subsection (6).
6 & 7 Eliz. 2. c. 55.	The Local Government Act, 1958.	In section fifty, in subsection (1), the words " or of that section as applied by section fifty-one of that Act" and the words " (or that subsection as applied by the said section fifty-one) ".
		In the Eighth Schedule, paragraph 19.