Section 3: Application of the Mental Health Act 1983: autism and learning disability

Mental Health Act 2025 · 2025 c. 33View on legislation.gov.uk

The Mental Health Act 1983 is amended as follows.

In section 1 (application of Act: “mental disorder”)—

in subsection (2), at the appropriate places insert—

“autism” means a lifelong developmental disorder of the mind that affects how people perceive, communicate and interact with others;

“learning disability” means a state of arrested or incomplete development of the mind which includes significant impairment of intelligence;

“psychiatric disorder” means mental disorder other than autism or learning disability;

;;;

for subsections (2A) and (2B) substitute—

(2A)For the purposes of this Act, a person’s learning disability has “serious behavioural consequences” if it is associated with abnormally aggressive or seriously irresponsible conduct by the person.

;

omit subsection (4).

In section 145 (interpretation of the Mental Health Act 1983), in subsection (1), at the appropriate places insert—

“autism” has the meaning given in section 1;

“learning disability” has the meaning given in section 1;

“psychiatric disorder” has the meaning given in section 1;

“serious behavioural consequences”, in relation to a person’s learning disability, is to be read in accordance with section 1(2A);

Schedule 1 amends the Mental Health Act 1983 to—

prevent people from being detained under section 3 of that Act (admission for treatment) on the basis of autism or learning disability, and
make related changes in relation to the application of that Act to autism and learning disability.

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