UK Act of Parliament
1983
United Kingdom
Mental Health Act 1983
At a glance
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part I — Application of Act
Browse 1 other section in this Part — procedural / definitional / commencement
Part II — Compulsory Admission to Hospital and Guardianship
Browse 59 other sections in this Part — procedural / definitional / commencement
Admission for assessment.
Admission for treatment.
Admission for assessment in cases of emergency.
Application in respect of patient already in hospital.
Effect of application for admission.
Application for guardianship.
Effect of guardianship application,
Regulations as to guardianship.
Transfer of guardianship in case of death, incapacity, etc., of guardian.
General provisions as to applications.
General provisions as to medical recommendations.
Conflicts of interest
Agreement for exercise of approval function: England
Requirement to exercise approval functions: England
Provision of information for the purposes of section 12ZA or 12ZB
Duty of approved mental health professionals to make applications for admission or guardianship.
Where a patient is admitted to a hospital in pursuance...
Rectification of applications and recommendations.
Reclassification of patients.
Leave of absence from hospital.
Community treatment orders
Conditions
Duration of community treatment order
Effect of community treatment order
Power to recall to hospital
Powers in respect of recalled patients
Effect of revoking community treatment order
Return and readmission of patients absent without leave.
Regulations as to transfer of patients.
Regulations as to assignment of responsibility for community patients
Duration of authority.
Community treatment period
Effect of expiry of community treatment order
Special provisions as to patients absent without leave.
Patients who are taken into custody or return within 28 days.
Patients who are taken into custody or return after more than 28 days.
Special provisions as to patients sentenced to imprisonment, etc.
Discharge of patients.
Visiting and examination of patients.
Restrictions on discharge by nearest relative.
Application for supervision.
Making of supervision application.
Supervision applications: supplementary.
Requirements to secure receipt of after-care under supervision.
Review of after-care under supervision etc.
Reclassification of patient subject to after-care under supervision.
Duration and renewal of after-care under supervision.
Ending of after-care under supervision.
Special provisions as to patients sentenced to imprisonment etc.
Patients moving from Scotland to England and Wales.
Definition of “relative” and “nearest relative”.
Children and young persons in care.
Nearest relative of minor under guardianship, etc.
Appointment by court of acting nearest relative.
Discharge and variation of orders under s. 29.
Procedure on applications to county court.
Regulations for purposes of Part II.
Special provisions as to wards of court.
Interpretation of Part II.
Part III — Patients Concerned in Criminal Proceedings or Under Sentence
Browse 25 other sections in this Part — procedural / definitional / commencement
Remand to hospital for report on accused’s mental condition.
Remand of accused person to hospital for treatment.
Powers of courts to order hospital admission or guardianship.
Interim hospital orders.
Information as to hospitals.
Information to facilitate guardianship orders.
Effect of hospital orders, guardianship orders and interim hospital orders.
Power of higher courts to restrict discharge from hospital.
Powers of Secretary of State in respect of patients subject to restriction orders.
Power of magistrates’ courts to commit for restriction order.
Committal to hospital under s. 43.
Appeals from magistrates’ courts.
Power of higher courts to direct hospital admission.
Effect of hospital and limitation directions.
Persons ordered to be kept in custody during Her Majesty’s pleasure.
Removal to hospital of persons serving sentences of imprisonment, etc.
Removal to hospital of other prisoners.
Restriction on discharge of prisoners removed to hospital.
Further provisions as to prisoners under sentence.
Further provisions as to detained persons.
Further provisions as to persons remanded by magistrates’ courts.
Further provisions as to civil prisoners and persons detained under the Immigration Acts.
Requirements as to medical evidence.
Reduction of period for making hospital orders.
Interpretation of Part III.
Part 4A — Treatment of community patients not recalled to hospital
Browse 12 other sections in this Part — procedural / definitional / commencement
Meaning of “relevant treatment”
Adult community patients
Section 64B: supplemental
Adult community patients lacking capacity
Child community patients
Child community patients lacking competence
Withdrawal of consent
Emergency treatment for patients lacking capacity or competence
Certificates: supplementary provisions
Liability for negligence
Factors to be considered in determining whether patient objects to treatment
Interpretation of Part 4A
Part IV — Consent to Treatment
Browse 11 other sections in this Part — procedural / definitional / commencement
Patients to whom Part IV applies.
Treatment requiring consent and a second opinion.
Treatment requiring consent or a second opinion.
Electro-convulsive therapy, etc.
Plans of treatment.
Withdrawal of consent.
Review of treatment.
Urgent treatment.
Treatment on recall of community patient or revocation of order
Treatment not requiring consent.
Supplementary provisions for Part IV.
Part V — Mental Health Review Tribunals
Browse 17 other sections in this Part — procedural / definitional / commencement
Mental Health Review Tribunal for Wales.
Applications to tribunals.
References to tribunals by Secretary of State concerning Part II patients.
Duty of managers of hospitals to refer cases to tribunal.
Power to reduce periods under section 68
Applications to tribunals concerning patients subject to hospital and guardianship orders.
Applications to tribunals concerning restricted patients.
References by Secretary of State concerning restricted patients.
Powers of tribunals.
Power to discharge restricted patients.
Restricted patients subject to restriction directions.
Applications and references concerning conditionally discharged restricted patients.
Visiting and examination of patients.
General provisions concerning tribunal applications.
Procedure of Mental Health Review Tribunal for Wales.
Appeal from the Mental Health Review Tribunal for Wales to the Upper Tribunal
Interpretation of Part V.
Part VI — Removal and Return of Patients Within United Kingdom, etc.
Browse 25 other sections in this Part — procedural / definitional / commencement
Removal of patients to Scotland.
Transfer of responsibility for conditionally discharged patients to Scotland
Removal of detained patients from Scotland
Removal of patients subject to compulsion in the community from Scotland
Transfer of conditionally discharged patients from Scotland
Transfer of responsibility for community patients to Scotland
Removal of patients to Northern Ireland.
Transfer of responsibility for patients to Northern Ireland.
Removal of community patients to Northern Ireland
Removal to England and Wales of patients from Northern Ireland.
Transfer of responsibility for conditionally discharged patients to England and Wales from Northern Ireland
Removal of patients to Channel Islands or Isle of Man.
Transfer of responsibility for conditionally discharged patients to Channel Islands or Isle of Man
Removal or transfer of community patients to Channel Islands or Isle of Man
Removal to England and Wales of offenders found insane in Channel Islands and Isle of Man.
Patients removed from Channel Islands or Isle of Man.
Responsibility for conditionally discharged patients transferred from Channel Islands or Isle of Man
Responsibility for community patients transferred from Channel Islands or Isle of Man
Removal of alien patients.
Patients absent from hospitals in Northern Ireland.
Patients absent from hospitals in England and Wales.
Patients absent from hospitals in the Channel Islands or Isle of Man.
Regulations for purposes of Part VI.
General provisions as to patients removed from England and Wales.
Interpretation of Part VI.
Part VII — Management of Property and Affairs of Patients
Functions of Visitors.
Amended 1 timeGeneral powers of the judge with respect to proceedings.
Amended 1 timeAppeals.
Amended 1 timeGeneral provisions as to rules under Part VII.
Amended 3 timesReciprocal arrangements in relation to Scotland and Northern Ireland as to exercise of powers.
Amended 2 timesConstruction of references in other Acts to judge or authority having jurisdiction under Part VII.
Amended 4 timesBrowse 15 other sections in this Part — procedural / definitional / commencement
Judicial authorities and Court of Protection.
Exercise of the judge’s functions: “the patient”.
General functions of the judge with respect to property and affairs of patient.
Powers of the judge as to patient’s property and affairs.
Supplementary provisions as to wills executed under s. 96.
Judge’s powers in cases of emergency.
Power to appoint receiver.
Vesting of stock in curator appointed outside England and Wales.
Preservation of interests in patient’s property.
Lord Chancellor’s Visitors.
Rules of procedure.
Security and accounts.
Effect and proof of orders, etc.
Interpretation of Part VII.
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
Approval by local social services authority.
Amended 1 timeApproval of courses: Wales
Amended 1 timeApproval of courses: England
Amended 1 timePowers of entry and inspection.
Amended 1 timeWelfare of certain hospital patients.
Amended 6 timesAfter-care.
Amended 45 timesAfter-care: preference for particular accommodation
Amended 45 timesAfter-care: exception for provision of nursing care
Amended 45 timesCode of practice.
Amended 29 timesPractitioners approved for Part IV and s. 118.
Amended 18 timesGeneral protection of relevant patients.
Amended 14 timesInvestigation reports
Amended 14 timesAction statements
Amended 14 timesProvision of information
Amended 14 timesAnnual reports
Amended 14 timesMental Health Act Commission.
Amended 11 timesProvision of pocket money for in-patients in hospital.
Amended 10 timesTransfers to and from special hospitals.
Amended 5 timesInquiries.
Amended 1 timeBrowse 1 other section in this Part — procedural / definitional / commencement
Part IX — Offences
Forgery, false statements, etc.
Amended 1 timeIll-treatment of patients.
Amended 4 timesAssisting patients to absent themselves without leave, etc.
Amended 2 timesObstruction.
Amended 3 timesBrowse 1 other section in this Part — procedural / definitional / commencement
Part X — Miscellaneous and Supplementary
Informal admission of patients.
Amended 1 timeAccommodation, etc. for children
Amended 1 timeDuty of managers of hospitals to give information to detained patients.
Amended 11 timesDuty of managers of hospitals to give information to community patients
Amended 11 timesDuty of managers of hospitals to inform nearest relatives of discharge.
Amended 7 timesCorrespondence of patients.
Amended 48 timesReview of decisions to withhold correspondence
Amended 48 timesWarrant to search for and remove patients.
Amended 24 timesRemoval etc of mentally disordered persons without a warrant
Amended 12 timesUse of police stations as places of safety
Amended 12 timesExtension of detention
Amended 12 timesProtective searches
Amended 12 timesRetaking of patients escaping from custody.
Amended 4 timesProtection for acts done in pursuance of this Act.
Amended 17 timesNotification of hospitals having arrangements for special cases.
Amended 15 timesMembers of Parliament suffering from mental illness.
Amended 14 timesPay, pensions, etc., of mentally disordered persons.
Amended 3 timesRegulations as to approvals in relation to England and Wales
Amended 3 timesDelegation of powers of managers of NHS foundation trusts
Amended 3 timesHuman Rights Act 1998: extension to certain private care providers
Amended 3 timesGeneral provisions as to regulations, orders and rules.
Amended 18 timesInterpretation.
Amended 65 timesApplication to Scotland.
Amended 6 timesApplication to Northern Ireland.
Amended 2 timesShort title, commencement and application to Scilly Isles.
Amended 1 timeBrowse 15 other sections in this Part — procedural / definitional / commencement
Independent mental health advocates: England
Arrangements under section 130A
Section 130A: supplemental
Duty to give information about independent mental health advocates
Independent mental health advocates: Wales
Arrangements under section 130E for Welsh qualifying compulsory patients
Arrangements under section 130E for Welsh qualifying informal patients
Independent mental health advocates for Wales: supplementary powers and duties
Welsh qualifying compulsory patients
Welsh qualifying informal patients
Duty to give information about independent mental health advocates to Welsh qualifying compulsory patients
Duty to give information about independent mental health advocates to Welsh qualifying informal patients
Provisions as to custody, conveyance and detention.
Power to amend local Acts.
Consequential and transitional provisions and repeals.
Schedules
Browse 123 other Schedules — structural / supplementary
In section 68— (a) in subsection (1) paragraph (a) shall...
In section 17D(2)(a) for the reference to section 6(2) above...
In section 17G— (a) in subsection (2) for the reference...
In section 16(1) for references to an application for admission...
In section 19A(2), paragraph (b) shall be omitted.
In section 20B(1), for the reference to the application for...
In sections 25A(1)(a) and 25B(5)(a) for the words “in pursuance...
In section 66— (a) in subsection (1), paragraphs (a), (b),...
(1) The Mental Health Review Tribunal for Wales shall consist...
As part of the selection process for an appointment under...
Subject to paragraph 2A below,the members of the Mental Health...
A member of the Mental Health Review Tribunal for Wales...
(1) The Lord Chancellor shall appoint one of the legal...
Subject to rules made by the Lord Chancellor under section...
(1) A member of the First-tier Tribunal who is eligible...
Subject to any rules made by the Lord Chancellor under...
In the Fines and Recoveries Act 1833—
In section 116(7) of the Army Act 1955 for the...
In section 116(7) of the Air Force Act 1955 for...
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In section 71(6) of the Naval Discipline Act 1957 for...
In section 1 of the Variation of Trusts Act 1958—...
In section 128(1)(b) of the Mental Health Act 1959 for...
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In section 5 of the Administration of Justice Act 1960—...
In the Criminal Procedure (Insanity) Act 1964—
In section 18 of the Administration of Justice Act 1965...
In section 68 of the Improvement of Land Act 1864...
In paragraph 1(2)(b) of Schedule 1 to the Compulsory Purchase...
In the Criminal Justice Act 1967— (a) in section 72(1)(b)...
In section 26(2) of the Leasehold Reform Act 1967 for...
In the Criminal Appeal Act 1968— (a) . . ....
In the Courts-Martial (Appeals) Act 1968— (a) in sections 20(4)...
In section 21(4) of the Family Law Reform Act 1969...
In the Children and Young Persons Act 1969—
In Schedule 1 to the Local Authorities Social Services Act...
In section 57(1) of the Courts Act 1971 for the...
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In section 10(3) of the Colonial Prisoners Removal Act 1884...
In section 30(2) of the Immigration Act 1971 for the...
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In section 118 of the Local Government Act 1972—
In the Costs in Criminal Cases Act 1973—
In section 12(d) of the Matrimonial Causes Act 1973 for...
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In section 3 of the Powers of Criminal Courts Act...
In Group D in Schedule 1 to the Juries Act...
In the Solicitors Act 1974— (a) in section 12(1)(j) for...
In section 5(7) of the Rehabilitation of Offenders Act 1974...
In the Trustee Act 1925— (a) in section 36(9) for...
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In the Criminal Procedure (Scotland) Act 1975—
In Part II of Schedule 1 to the House of...
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In section 32(6)(c) of the Adoption Act 1976 for the...
In section 3(6B) of the Bail Act 1976 for the...
In the National Health Service Act 1977—
In section 16A(1)(b)(ii) of the National Health Service (Scotland) Act...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In the Law of Property Act 1925—
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In the Residential Homes Act 1980— (a) in section 1(3)(a)...
In paragraph 2(a) of Schedule 2 to the Reserve Forces...
In section 31(2)(c) of the Transport Act 1980 for the...
In section 38 of the Limitation Act 1980—
In section 57(2)(c) of the Public Passenger Vehicles Act 1981...
In the Contempt of Court Act 1981—
In the Senior Courts Act 1981— (a) in section 48(6)(a)...
In section 13(9) of the Armed Forces Act 1981 or...
In section 111 of the Land Registration Act 1925—
In paragraph 9 of Schedule 1 to the British Nationality...
In the Mental Health (Amendment) Act 1982—
In paragraph (ii) of the proviso to section 41(1) of...
In sections 4(1) and 11(3)(b) of the Polish Resettlement Act...
In section 1(4) of the U.S.A. Veterans’ Pensions (Administration) Act...
Where any period of time specified in an enactment repealed...
Section 23(2)(a) of this Act shall have effect in relation...
Where at any time before 30th September 1983 an application...
A person— (a) who was admitted to hospital in pursuance...
Subsection (1) of section 68 of this Act does not...
Section 69(1)(b) of this Act shall have effect in relation...
The provisions of this Act which derive from sections 24...
The words in section 42(1) of this Act which derive...
Section 91(2) of this Act shall not apply in relation...
(1) Subsection (3) of section 58 of this Act shall...
In the case of a patient who is detained at...
Nothing in this Act shall affect the interpretation of any...
The repeal by the Mental Health (Amendment) Act 1982 of...
Any direction to which section 71(4) of the Mental Health...
Notwithstanding the repeal by this Act of section 53(5) of...
For any reference in any enactment, instrument, deed or other...
Nothing in this Act shall affect the operation of the...
Nothing in this Act shall affect the operation of subsection...
If the person who is the Master of the Court...
Nothing in this Act shall affect the operation of section...
References to applications, recommendations, reports and other documents in section...
The repeal by the Mental Health Act 1959 of the...
Where, apart from this paragraph, anything done under or for...
The repeal by the Mental Health Act 1959 of the...
(1) Any patient who immediately before the commencement of this...
Any patient who immediately before the commencement of this Act...
(1) This paragraph applies to patients who at the commencement...
(1) Any patient who is liable to be detained in...
(1) The responsible medical officer may record for the purposes...
Any person who immediately before the commencement of this Act...
(1) This paragraph applies to patients who immediately before the...
Any patient who immediately before the commencement of this Act...
Upon a restriction direction in respect of a patient who...
(1) Until the expiration of the period of two years...
A person who immediately before the commencement of this Act...
Any opinion recorded by the responsible medical officer under the...
(1) In the foregoing provisions of this Schedule—
(1) Any order or appointment made, direction or authority given,...
Where a person who immediately before 1st November 1960 was...
Section 101(1) of this Act shall apply in relation to...
For the purposes of section 15 of the National Health...
If no order has been made under section 11 of...
This Act shall apply in relation to any authority for...
This Act shall apply to any application made before 30th...
(1) Where on 30th September 1983 a person who has...
(1) Section 20(1) of this Act shall have effect in...
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Mental health notifications and reports - Care Quality Commission (opens in a new tab) from CQC Detailed Guidance
- Regulations for service providers and managers - Care Quality Commission (opens in a new tab) from CQC Detailed Guidance
- Unauthorised absence – notification form - Care Quality Commission (opens in a new tab) from CQC Form or Template
- Notifications: guidance for providers - Care Quality Commission (opens in a new tab) from CQC Detailed Guidance
- Death of a detained mental health patient – notification form - Care Quality Commission (opens in a new tab) from CQC Form or Template
- Care Quality Commission (Registration) Regulations 2009: Offences - Care Quality Commission (opens in a new tab) from CQC Detailed Guidance
- Service types - Care Quality Commission (opens in a new tab) from CQC Detailed Guidance
- Regulation 22A: Form of notifications to the Commission - Care Quality Commission (opens in a new tab) from CQC Detailed Guidance
- Regulation 20: Requirements relating to termination of pregnancies - Care Quality Commission (opens in a new tab) from CQC Detailed Guidance
- Regulation 18: Notification of other incidents - Care Quality Commission (opens in a new tab) from CQC Detailed Guidance
- ... and 46 more
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
CIW
PrimaryCare Inspectorate Wales
Registers and inspects social care and childcare services in Wales. Regulates care homes, domiciliary care, children's homes, and childminders.
Care Quality Commission
Independent regulator of health and social care in England. Registers, monitors, inspects and rates hospitals, care homes, GP practices, dental surgeries, and …
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