Mental Health Act 1983

As Enacted

Cited authorities 306

Cited in

Jurisdiction	UK Non-devolved
Citation	1983 c. 20
Year	1983

Contenidos

Mental Health Act 1983
Part I: Application of Act

1: Application of Act: “mental disorder”.

Part II: Compulsory Admission to Hospital and Guardianship

Procedure for hospital admission

2: Admission for assessment.
3: Admission for treatment.
4: Admission for assessment in cases of emergency.
5: Application in respect of patient already in hospital.
6: Effect of application for admission.

Guardianship

7: Application for guardianship.
8: Effect of guardianship application, etc.
9: Regulations as to guardianship.
10: Transfer of guardianship in case of death, incapacity, etc., of guardian.

General provisions as to applications and recommendations

11: General provisions as to applications.
12: General provisions as to medical recommendations.
12ZA: Agreement for exercise of approval function: England
12ZB: Requirement to exercise approval functions: England
12ZC: Provision of information for the purposes of section 12ZA or 12ZB
12A: Conflicts of interest
13: Duty of approved mental health professionals to make applications for admission or guardianship.
14
15: Rectification of applications and recommendations.

Position of patients subject to detention or guardianship

16: Reclassification of patients.
17: Leave of absence from hospital.
17A: Community treatment orders
17B: Conditions
17C: Duration of community treatment order: A community treatment order shall remain in force until—
17D: Effect of community treatment order
17E: Power to recall to hospital
17F: Powers in respect of recalled patients
17G: Effect of revoking community treatment order
18: Return and readmission of patients absent without leave.
19: Regulations as to transfer of patients.
19A: Regulations as to assignment of responsibility for community patients

Duration of authority and discharge

20: Duration of authority.
20A: Community treatment period
20B: Effect of expiry of community treatment order
21: Special provisions as to patients absent without leave.
21A: Patients who are taken into custody or return within 28 days.
21B: Patients who are taken into custody or return after more than 28 days.
22: Special provisions as to patients sentenced to imprisonment, etc.
23: Discharge of patients.
24: Visiting and examination of patients.
25: Restrictions on discharge by nearest relative.

After-care under supervision

25A: Application for supervision.
25B: Making of supervision application.
25C: Supervision applications: supplementary.
25D: Requirements to secure receipt of after-care under supervision.
25E: Review of after-care under supervision etc.
25F: Reclassification of patient subject to after-care under supervision.
25G: Duration and renewal of after-care under supervision.
25H: Ending of after-care under supervision.
25I: Special provisions as to patients sentenced to imprisonment etc.
25J: Patients moving from Scotland to England and Wales.

Functions of relatives of patients

26: Definition of “relative” and “nearest relative”.
27: Children and young persons in care.: Where—
28: Nearest relative of minor under guardianship, etc.
29: Appointment by court of acting nearest relative.
30: Discharge and variation of orders under s. 29.

Supplemental

31: Procedure on applications to county court.: Rules of court which relate to applications authorised by this Part of this Act to be made to the county court may make provision—
32: Regulations for purposes of Part II.
33: Special provisions as to wards of court.
34: Interpretation of Part II.

Part III: Patients Concerned in Criminal Proceedings or Under Sentence

Remands to hospital

35: Remand to hospital for report on accused’s mental condition.
36: Remand of accused person to hospital for treatment.

Hospital and guardianship orders

37: Powers of courts to order hospital admission or guardianship.
38: Interim hospital orders.
39: Information as to hospitals.
39A: Information to facilitate guardianship orders.: Where a court is minded to make a guardianship order in respect of any offender, it may request the local social services authority for the area in which the offender resides or last resided, or any other local social services authority that appears to the court to be appropriate—
40: Effect of hospital orders, guardianship orders and interim hospital orders.

Restriction orders

41: Power of higher courts to restrict discharge from hospital.
42: Powers of Secretary of State in respect of patients subject to restriction orders.
43: Power of magistrates’ courts to commit for restriction order.
44: Committal to hospital under s. 43.
45: Appeals from magistrates’ courts.

Hospital and limitation directions

45A: Power of higher courts to direct hospital admission.
45B: Effect of hospital and limitation directions.

Detention during Her Majesty’s pleasure

46: Persons ordered to be kept in custody during Her Majesty’s pleasure.
46: Persons ordered to be kept in custody during Her Majesty’s pleasure.

Transfer to hospital of prisoners, etc.

47: Removal to hospital of persons serving sentences of imprisonment, etc.
48: Removal to hospital of other prisoners.
49: Restriction on discharge of prisoners removed to hospital.
50: Further provisions as to prisoners under sentence.
51: Further provisions as to detained persons.
52: Further provisions as to persons remanded by magistrates’ courts.
53: Further provisions as to civil prisoners and persons detained under the Immigration Acts.

Supplemental

54: Requirements as to medical evidence.
54A: Reduction of period for making hospital orders.
55: Interpretation of Part III.

Part IV: Consent to Treatment

56: Patients to whom Part IV applies.

57: Treatment...

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Mental Health Act 1983

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