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Mental Health Act 1983

Mental Health Act 1983

1983 c.20 · 232 provisions

An Act to consolidate the law relating to mentally disordered persons.

Part I: Application of Act

Section 1: Application of Act: "mental disorder".

Part II: Compulsory Admission to Hospital and Guardianship

Section 2: Admission for assessment.
Section 3: Admission for treatment.
Section 4: Admission for assessment in cases of emergency.
Section 5: Application in respect of patient already in hospital.
Section 6: Effect of application for admission.
Section 7: Application for guardianship.
Section 8: Effect of guardianship application, etc.
Section 9: Regulations as to guardianship.
Section 10: Transfer of guardianship in case of death, incapacity, etc., of guardian.
Section 11: General provisions as to applications.
Section 12: General provisions as to medical recommendations.
Section 12ZA: Agreement for exercise of approval function: England
Section 12ZB: Requirement to exercise approval functions: England
Section 12ZC: Provision of information for the purposes of section 12ZA or 12ZB
Section 12A: Conflicts of interest
Section 13: Duty of approved mental health professionals to make applications for admission or guardianship.
Section 14:
Section 15: Rectification of applications and recommendations.
Section 16: Reclassification of patients.
Section 17: Leave of absence from hospital.
Section 17A: Community treatment orders
Section 17B: Conditions
Section 17C: Duration of community treatment order
Section 17D: Effect of community treatment order
Section 17E: Power to recall to hospital
Section 17F: Powers in respect of recalled patients
Section 17G: Effect of revoking community treatment order
Section 18: Return and readmission of patients absent without leave.
Section 19: Regulations as to transfer of patients.
Section 19A: Regulations as to assignment of responsibility for community patients
Section 20: Duration of authority.
Section 20A: Community treatment period
Section 20B: Effect of expiry of community treatment order
Section 21: Special provisions as to patients absent without leave.
Section 21A: Patients who are taken into custody or return within 28 days.
Section 21B: Patients who are taken into custody or return after more than 28 days.
Section 22: Special provisions as to patients sentenced to imprisonment, etc.
Section 23: Discharge of patients.
Section 24: Visiting and examination of patients.
Section 25: Restrictions on discharge by nearest relative.
Section 25A: Application for supervision.
Section 25B: Making of supervision application.
Section 25C: Supervision applications: supplementary.
Section 25D: Requirements to secure receipt of after-care under supervision.
Section 25E: Review of after-care under supervision etc.
Section 25F: Reclassification of patient subject to after-care under supervision.
Section 25G: Duration and renewal of after-care under supervision.
Section 25H: Ending of after-care under supervision.
Section 25I: Special provisions as to patients sentenced to imprisonment etc.
Section 25J: Patients moving from Scotland to England and Wales.
Section 26: Definition of "relative" and "nearest relative".
Section 27: Children and young persons in care.
Section 28: Nearest relative of minor under guardianship, etc.
Section 29: Appointment by court of acting nearest relative.
Section 30: Discharge and variation of orders under s. 29.
Section 31: Procedure on applications to county court.
Section 32: Regulations for purposes of Part II.
Section 33: Special provisions as to wards of court.
Section 34: Interpretation of Part II.

Part III: Patients Concerned in Criminal Proceedings or Under Sentence

Section 35: Remand to hospital for report on accused's mental condition.
Section 36: Remand of accused person to hospital for treatment.
Section 37: Powers of courts to order hospital admission or guardianship.
Section 38: Interim hospital orders.
Section 39: Information as to hospitals.
Section 39A: Information to facilitate guardianship orders.
Section 40: Effect of hospital orders, guardianship orders and interim hospital orders.
Section 41: Power of higher courts to restrict discharge from hospital.
Section 42: Powers of Secretary of State in respect of patients subject to restriction orders.
Section 43: Power of magistrates' courts to commit for restriction order.
Section 44: Committal to hospital under s. 43.
Section 45: Appeals from magistrates' courts.
Section 45A: Power of higher courts to direct hospital admission.
Section 45B: Effect of hospital and limitation directions.
Section 46: Persons ordered to be kept in custody during Her Majesty's pleasure.
Section 47: Removal to hospital of persons serving sentences of imprisonment, etc.
Section 48: Removal to hospital of other prisoners.
Section 49: Restriction on discharge of prisoners removed to hospital.
Section 50: Further provisions as to prisoners under sentence.
Section 51: Further provisions as to detained persons.
Section 52: Further provisions as to persons remanded by magistrates' courts.
Section 53: Further provisions as to civil prisoners and persons detained under the Immigration Acts.
Section 54: Requirements as to medical evidence.
Section 54A: Reduction of period for making hospital orders.
Section 55: Interpretation of Part III.

Part IV: Consent to Treatment

Section 56: Patients to whom Part IV applies.
Section 57: Treatment requiring consent and a second opinion.
Section 58: Treatment requiring consent or a second opinion.
Section 58A: Electro-convulsive therapy, etc.
Section 59: Plans of treatment.
Section 60: Withdrawal of consent.
Section 61: Review of treatment.
Section 62: Urgent treatment.
Section 62A: Treatment on recall of community patient or revocation of order
Section 63: Treatment not requiring consent.
Section 64: Supplementary provisions for Part IV.

Part 4A: Treatment of community patients not recalled to hospital

Section 64A: Meaning of "relevant treatment"
Section 64B: Adult community patients
Section 64C: Section 64B: supplemental
Section 64D: Adult community patients lacking capacity
Section 64E: Child community patients
Section 64F: Child community patients lacking competence
Section 64FA: Withdrawal of consent
Section 64G: Emergency treatment for patients lacking capacity or competence
Section 64H: Certificates: supplementary provisions
Section 64I: Liability for negligence
Section 64J: Factors to be considered in determining whether patient objects to treatment
Section 64K: Interpretation of Part 4A

Part V: Mental Health Review Tribunals

Section 65: Mental Health Review Tribunal for Wales.
Section 66: Applications to tribunals.
Section 67: References to tribunals by Secretary of State concerning Part II patients.
Section 68: Duty of managers of hospitals to refer cases to tribunal.
Section 68A: Power to reduce periods under section 68
Section 69: Applications to tribunals concerning patients subject to hospital and guardianship orders.
Section 70: Applications to tribunals concerning restricted patients.
Section 71: References by Secretary of State concerning restricted patients.
Section 72: Powers of tribunals.
Section 73: Power to discharge restricted patients.
Section 74: Restricted patients subject to restriction directions.
Section 75: Applications and references concerning conditionally discharged restricted patients.
Section 76: Visiting and examination of patients.
Section 77: General provisions concerning tribunal applications.
Section 78: Procedure of Mental Health Review Tribunal for Wales.
Section 78A: Appeal from the Mental Health Review Tribunal for Wales to the Upper Tribunal
Section 79: Interpretation of Part V.

Part VI: Removal and Return of Patients Within United Kingdom, etc.

Section 80: Removal of patients to Scotland.
Section 80ZA: Transfer of responsibility for community patients to Scotland
Section 80A: Transfer of responsibility for conditionally discharged patients to Scotland
Section 80B: Removal of detained patients from Scotland
Section 80C: Removal of patients subject to compulsion in the community from Scotland
Section 80D: Transfer of conditionally discharged patients from Scotland
Section 81: Removal of patients to Northern Ireland.
Section 81ZA: Removal of community patients to Northern Ireland
Section 81A: Transfer of responsibility for patients to Northern Ireland.
Section 82: Removal to England and Wales of patients from Northern Ireland.
Section 82A: Transfer of responsibility for conditionally discharged patients to England and Wales from Northern Ireland
Section 83: Removal of patients to Channel Islands or Isle of Man.
Section 83ZA: Removal or transfer of community patients to Channel Islands or Isle of Man
Section 83A: Transfer of responsibility for conditionally discharged patients to Channel Islands or Isle of Man
Section 84: Removal to England and Wales of offenders found insane in Channel Islands and Isle of Man.
Section 85: Patients removed from Channel Islands or Isle of Man.
Section 85ZA: Responsibility for community patients transferred from Channel Islands or Isle of Man
Section 85A: Responsibility for conditionally discharged patients transferred from Channel Islands or Isle of Man
Section 86: Removal of alien patients.
Section 87: Patients absent from hospitals in Northern Ireland.
Section 89: Patients absent from hospitals in the Channel Islands or Isle of Man.
Section 90: Regulations for purposes of Part VI.
Section 91: General provisions as to patients removed from England and Wales.
Section 92: Interpretation of Part VI.

Part VII:

Section 93: Judicial authorities and Court of Protection.
Section 94: Exercise of the judge's functions: "the patient".
Section 95: General functions of the judge with respect to property and affairs of patient.
Section 96: Powers of the judge as to patient's property and affairs.
Section 97: Supplementary provisions as to wills executed under s. 96.
Section 98: Judge's powers in cases of emergency.
Section 99: Power to appoint receiver.
Section 100: Vesting of stock in curator appointed outside England and Wales.
Section 101: Preservation of interests in patient's property.
Section 102: Lord Chancellor's Visitors.
Section 103: Functions of Visitors.
Section 104: General powers of the judge with respect to proceedings.
Section 105: Appeals.
Section 106: Rules of procedure.
Section 107: Security and accounts.
Section 108: General provisions as to rules under Part VII.
Section 109: Effect and proof of orders, etc.
Section 110: Reciprocal arrangements in relation to Scotland and Northern Ireland as to exercise of powers.
Section 111: Construction of references in other Acts to judge or authority having jurisdiction under Part VII.
Section 112: Interpretation of Part VII.
Section 113: Disapplication of certain enactments in relation to persons within the jurisdiction of the judge.

Part VIII: Miscellaneous Functions of Local Authorities and the Secretary of State

Section 114: Approval by local social services authority.
Section 114ZA: Approval of courses: England
Section 114A: Approval of courses: Wales
Section 115: Powers of entry and inspection.
Section 116: Welfare of certain hospital patients.
Section 117: After-care.
Section 117A: After-care: preference for particular accommodation
Section 117B: After-care: exception for provision of nursing care
Section 118: Code of practice.
Section 119: Practitioners approved for Part IV and s. 118.
Section 120: General protection of relevant patients.
Section 120A: Investigation reports
Section 120B: Action statements
Section 120C: Provision of information
Section 120D: Annual reports
Section 121: Mental Health Act Commission.
Section 122: Provision of pocket money for in-patients in hospital.
Section 123: Transfers to and from special hospitals.
Section 125: Inquiries.

Part IX: Offences

Section 126: Forgery, false statements, etc.
Section 127: Ill-treatment of patients.
Section 129: Obstruction.
Section 130: Prosecutions by local authorities.

Part X: Miscellaneous and Supplementary

Section 130A: Independent mental health advocates: England
Section 130B: Arrangements under section 130A
Section 130C: Section 130A: supplemental
Section 130D: Duty to give information about independent mental health advocates
Section 130E: Independent mental health advocates: Wales
Section 130F: Arrangements under section 130E for Welsh qualifying compulsory patients
Section 130G: Arrangements under section 130E for Welsh qualifying informal patients
Section 130H: Independent mental health advocates for Wales: supplementary powers and duties
Section 130I: Welsh qualifying compulsory patients
Section 130J: Welsh qualifying informal patients
Section 130K: Duty to give information about independent mental health advocates to Welsh qualifying compulsory patients
Section 130L: Duty to give information about independent mental health advocates to Welsh qualifying informal patients
Section 131: Informal admission of patients.
Section 131A: Accommodation, etc. for children
Section 132: Duty of managers of hospitals to give information to detained patients.
Section 132A: Duty of managers of hospitals to give information to community patients
Section 133: Duty of managers of hospitals to inform nearest relatives of discharge.
Section 134: Correspondence of patients.
Section 134A: Review of decisions to withhold correspondence
Section 135: Warrant to search for and remove patients.
Section 136: Removal etc of mentally disordered persons without a warrant
Section 136A: Use of police stations as places of safety
Section 136B: Extension of detention
Section 136C: Protective searches
Section 137: Provisions as to custody, conveyance and detention.
Section 138: Retaking of patients escaping from custody.
Section 139: Protection for acts done in pursuance of this Act.
Section 140: Notification of hospitals having arrangements for special cases.
Section 141: Members of Parliament suffering from mental illness.
Section 142: Pay, pensions, etc., of mentally disordered persons.
Section 142A: Regulations as to approvals in relation to England and Wales
Section 142B: Delegation of powers of managers of NHS foundation trusts
Section 143: General provisions as to regulations, orders and rules.
Section 144: Power to amend local Acts.
Section 145: Interpretation.
Section 146: Application to Scotland.
Section 147: Application to Northern Ireland.
Section 148: Consequential and transitional provisions and repeals.
Section 149: Short title, commencement and application to Scilly Isles.

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About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.