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Mental Health Act 1983

Mental Health Act 1983

1983 c. 20 · 232 provisionsView on legislation.gov.uk

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

A and others v Secretary of State for the Home Department [2005] UKHL 71
Futter and another (Appellants) v The Commissioners for Her Majesty's Revenue and Customs (Respondent); Pitt and another (Appellants) v The Commissioners for Her Majesty's Revenue and Customs (Respondent) [2013] UKSC 26
Ghaidan v Godin-Mendoza [2004] UKHL 30
HH v Deputy Prosecutor of the Italian Republic, Genoa; PH v Deputy Prosecutor of the Italian Republic, Genoa; F-K v Polish Judicial Authority [2012] UKSC 25
Lewisham London Borough Council v Malcolm [2008] UKHL 43
R (on the application of Worcestershire County Council) v Secretary of State for Health and Social Care [2023] UKSC 31
R v Secretary of State for Health [2015] UKSC 46
Regina v Ashworth Hospital Authority (now Mersey Care National Health Service Trust) ex parte Munjaz [2005] UKHL 58
Regina v Manchester City Council, Ex P Stennett and Two Other Actions [2002] UKHL 34
Roberts v Parole Board [2005] UKHL 45
YL v Birmingham City Council [2007] UKHL 27

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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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.

Mental Health Act 1983

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