| Guvnor

Enforced by: CIW, CQC
Status: Amended (in force with amendments)
Penalty ceiling: Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Any Person1 Employee1

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Employee — also bound by 189 other Acts

Regulation (EU) No 965/2012 (Air Operations) 18 duties

Employment Rights (Northern Ireland) Order 1996 (current NI employment law) 13 duties

The Income Tax (Pay As You Earn) Regulations 2003 11 duties

Shared Parental Leave Regulations 2014 10 duties

Paternity and Adoption Leave Regulations 2002 9 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Application of Act

0 of 1 section shown

1 other section in this Part — procedural and definitional

s.001 Application of Act: “mental disorder”.

Part 2

Compulsory Admission to Hospital and Guardianship

1 of 59 sections shown

s.012 General provisions as to medical recommendations. Regulated

Follow rules for medical recommendations for compulsory admissionEmployee

58 other sections in this Part — procedural and definitional

s.002 Admission for assessment.

s.003 Admission for treatment.

s.004 Admission for assessment in cases of emergency.

s.005 Application in respect of patient already in hospital.

s.006 Effect of application for admission.

s.007 Application for guardianship.

s.008 Effect of guardianship application,

s.009 Regulations as to guardianship.

s.010 Transfer of guardianship in case of death, incapacity, etc., of guardian.

s.011 General provisions as to applications.

s.012 Conflicts of interest

s.012 Agreement for exercise of approval function: England

s.012 Requirement to exercise approval functions: England

s.012 Provision of information for the purposes of section 12ZA or 12ZB

s.013 Duty of approved mental health professionals to make applications for admission or guardianship.

s.014 Where a patient is admitted to a hospital in pursuance...

s.015 Rectification of applications and recommendations.

s.016 Reclassification of patients.

s.017 Leave of absence from hospital.

s.017 Community treatment orders

s.017 Conditions

s.017 Duration of community treatment order

s.017 Effect of community treatment order

s.017 Power to recall to hospital

s.017 Powers in respect of recalled patients

s.017 Effect of revoking community treatment order

s.018 Return and readmission of patients absent without leave.

s.019 Regulations as to transfer of patients.

s.019 Regulations as to assignment of responsibility for community patients

s.020 Duration of authority.

s.020 Community treatment period

s.020 Effect of expiry of community treatment order

s.021 Special provisions as to patients absent without leave.

s.021 Patients who are taken into custody or return within 28 days.

s.021 Patients who are taken into custody or return after more than 28 days.

s.022 Special provisions as to patients sentenced to imprisonment, etc.

s.023 Discharge of patients.

s.024 Visiting and examination of patients.

s.025 Restrictions on discharge by nearest relative.

s.025 Application for supervision.

s.025 Making of supervision application.

s.025 Supervision applications: supplementary.

s.025 Requirements to secure receipt of after-care under supervision.

s.025 Review of after-care under supervision etc.

s.025 Reclassification of patient subject to after-care under supervision.

s.025 Duration and renewal of after-care under supervision.

s.025 Ending of after-care under supervision.

s.025 Special provisions as to patients sentenced to imprisonment etc.

s.025 Patients moving from Scotland to England and Wales.

s.026 Definition of “relative” and “nearest relative”.

s.027 Children and young persons in care.

s.028 Nearest relative of minor under guardianship, etc.

s.029 Appointment by court of acting nearest relative.

s.030 Discharge and variation of orders under s. 29.

s.031 Procedure on applications to county court.

s.032 Regulations for purposes of Part II.

s.033 Special provisions as to wards of court.

s.034 Interpretation of Part II.

Part 3

Patients Concerned in Criminal Proceedings or Under Sentence

0 of 25 sections shown

25 other sections in this Part — procedural and definitional

s.035 Remand to hospital for report on accused’s mental condition.

s.036 Remand of accused person to hospital for treatment.

s.037 Powers of courts to order hospital admission or guardianship.

s.038 Interim hospital orders.

s.039 Information as to hospitals.

s.039 Information to facilitate guardianship orders.

s.040 Effect of hospital orders, guardianship orders and interim hospital orders.

s.041 Power of higher courts to restrict discharge from hospital.

s.042 Powers of Secretary of State in respect of patients subject to restriction orders.

s.043 Power of magistrates’ courts to commit for restriction order.

s.044 Committal to hospital under s. 43.

s.045 Appeals from magistrates’ courts.

s.045 Power of higher courts to direct hospital admission.

s.045 Effect of hospital and limitation directions.

s.046 Persons ordered to be kept in custody during Her Majesty’s pleasure.

s.047 Removal to hospital of persons serving sentences of imprisonment, etc.

s.048 Removal to hospital of other prisoners.

s.049 Restriction on discharge of prisoners removed to hospital.

s.050 Further provisions as to prisoners under sentence.

s.051 Further provisions as to detained persons.

s.052 Further provisions as to persons remanded by magistrates’ courts.

s.053 Further provisions as to civil prisoners and persons detained under the Immigration Acts.

s.054 Requirements as to medical evidence.

s.054 Reduction of period for making hospital orders.

s.055 Interpretation of Part III.

Part 4

Treatment of community patients not recalled to hospital

1 of 12 sections shown

s.064 Certificates: supplementary provisions Regulated

Consult two persons before giving certain Part 4A certificatesAny Person

11 other sections in this Part — procedural and definitional

s.064 Meaning of “relevant treatment”

s.064 Adult community patients

s.064 Section 64B: supplemental

s.064 Adult community patients lacking capacity

s.064 Child community patients

s.064 Child community patients lacking competence

s.064 Withdrawal of consent

s.064 Emergency treatment for patients lacking capacity or competence

s.064 Liability for negligence

s.064 Factors to be considered in determining whether patient objects to treatment

s.064 Interpretation of Part 4A

Part 4

Consent to Treatment

0 of 11 sections shown

11 other sections in this Part — procedural and definitional

s.056 Patients to whom Part IV applies.

s.057 Treatment requiring consent and a second opinion.

s.058 Treatment requiring consent or a second opinion.

s.058 Electro-convulsive therapy, etc.

s.059 Plans of treatment.

s.060 Withdrawal of consent.

s.061 Review of treatment.

s.062 Urgent treatment.

s.062 Treatment on recall of community patient or revocation of order

s.063 Treatment not requiring consent.

s.064 Supplementary provisions for Part IV.

Part 5

Mental Health Review Tribunals

0 of 17 sections shown

17 other sections in this Part — procedural and definitional

s.065 Mental Health Review Tribunal for Wales.

s.066 Applications to tribunals.

s.067 References to tribunals by Secretary of State concerning Part II patients.

s.068 Duty of managers of hospitals to refer cases to tribunal.

s.068 Power to reduce periods under section 68

s.069 Applications to tribunals concerning patients subject to hospital and guardianship orders.

s.070 Applications to tribunals concerning restricted patients.

s.071 References by Secretary of State concerning restricted patients.

s.072 Powers of tribunals.

s.073 Power to discharge restricted patients.

s.074 Restricted patients subject to restriction directions.

s.075 Applications and references concerning conditionally discharged restricted patients.

s.076 Visiting and examination of patients.

s.077 General provisions concerning tribunal applications.

s.078 Procedure of Mental Health Review Tribunal for Wales.

s.078 Appeal from the Mental Health Review Tribunal for Wales to the Upper Tribunal

s.079 Interpretation of Part V.

Part 6

Removal and Return of Patients Within United Kingdom, etc.

0 of 25 sections shown

25 other sections in this Part — procedural and definitional

s.080 Removal of patients to Scotland.

s.080 Transfer of responsibility for conditionally discharged patients to Scotland

s.080 Removal of detained patients from Scotland

s.080 Removal of patients subject to compulsion in the community from Scotland

s.080 Transfer of conditionally discharged patients from Scotland

s.080 Transfer of responsibility for community patients to Scotland

s.081 Removal of patients to Northern Ireland.

s.081 Transfer of responsibility for patients to Northern Ireland.

s.081 Removal of community patients to Northern Ireland

s.082 Removal to England and Wales of patients from Northern Ireland.

s.082 Transfer of responsibility for conditionally discharged patients to England and Wales from Northern Ireland

s.083 Removal of patients to Channel Islands or Isle of Man.

s.083 Transfer of responsibility for conditionally discharged patients to Channel Islands or Isle of Man

s.083 Removal or transfer of community patients to Channel Islands or Isle of Man

s.084 Removal to England and Wales of offenders found insane in Channel Islands and Isle of Man.

s.085 Patients removed from Channel Islands or Isle of Man.

s.085 Responsibility for conditionally discharged patients transferred from Channel Islands or Isle of Man

s.085 Responsibility for community patients transferred from Channel Islands or Isle of Man

s.086 Removal of alien patients.

s.087 Patients absent from hospitals in Northern Ireland.

s.088 Patients absent from hospitals in England and Wales.

s.089 Patients absent from hospitals in the Channel Islands or Isle of Man.

s.090 Regulations for purposes of Part VI.

s.091 General provisions as to patients removed from England and Wales.

s.092 Interpretation of Part VI.

Part 7

Management of Property and Affairs of Patients

6 of 21 sections shown

s.103 Functions of Visitors.

amended 1 time (opens in a new tab)

s.104 General powers of the judge with respect to proceedings.

amended 1 time (opens in a new tab)

s.105 Appeals.

amended 1 time (opens in a new tab)

s.108 General provisions as to rules under Part VII.

amended 3 times (opens in a new tab)

s.110 Reciprocal arrangements in relation to Scotland and Northern Ireland as to exercise of powers.

amended 2 times (opens in a new tab)

s.111 Construction of references in other Acts to judge or authority having jurisdiction under Part VII.

amended 4 times (opens in a new tab)

15 other sections in this Part — procedural and definitional

s.093 Judicial authorities and Court of Protection.

s.094 Exercise of the judge’s functions: “the patient”.

s.095 General functions of the judge with respect to property and affairs of patient.

s.096 Powers of the judge as to patient’s property and affairs.

s.097 Supplementary provisions as to wills executed under s. 96.

s.098 Judge’s powers in cases of emergency.

s.099 Power to appoint receiver.

s.100 Vesting of stock in curator appointed outside England and Wales.

s.101 Preservation of interests in patient’s property.

s.102 Lord Chancellor’s Visitors.

s.106 Rules of procedure.

s.107 Security and accounts.

s.109 Effect and proof of orders, etc.

s.112 Interpretation of Part VII.

s.113 Disapplication of certain enactments in relation to persons within the jurisdiction of the judge.

Part 8

Miscellaneous Functions of Local Authorities and the Secretary of State

19 of 20 sections shown

s.114 Approval by local social services authority.

amended 1 time (opens in a new tab)

s.114 Approval of courses: Wales

amended 1 time

s.114 Approval of courses: England

amended 1 time

s.115 Powers of entry and inspection.

amended 1 time (opens in a new tab)

s.116 Welfare of certain hospital patients.

amended 6 times (opens in a new tab)

s.117 After-care.

amended 45 times (opens in a new tab)

s.117 After-care: preference for particular accommodation

amended 45 times

s.117 After-care: exception for provision of nursing care

amended 45 times

s.118 Code of practice.

amended 29 times (opens in a new tab)

s.119 Practitioners approved for Part IV and s. 118.

amended 18 times (opens in a new tab)

s.120 General protection of relevant patients.

amended 14 times (opens in a new tab)

s.120 Investigation reports

amended 14 times

s.120 Action statements

amended 14 times

s.120 Provision of information

amended 14 times

s.120 Annual reports

amended 14 times

s.121 Mental Health Act Commission.

amended 11 times (opens in a new tab)

s.122 Provision of pocket money for in-patients in hospital.

amended 10 times (opens in a new tab)

s.123 Transfers to and from special hospitals.

amended 5 times (opens in a new tab)

s.125 Inquiries.

amended 1 time (opens in a new tab)

1 other section in this Part — procedural and definitional

s.124 Default powers of Secretary of State.

Part 9

Offences

4 of 5 sections shown

s.126 Forgery, false statements, etc.

amended 1 time (opens in a new tab)

s.127 Ill-treatment of patients.

amended 4 times (opens in a new tab)

s.128 Assisting patients to absent themselves without leave, etc.

amended 2 times (opens in a new tab)

s.129 Obstruction.

amended 3 times (opens in a new tab)

1 other section in this Part — procedural and definitional

s.130 Prosecutions by local authorities.

Part 10

Miscellaneous and Supplementary

25 of 40 sections shown

s.131 Informal admission of patients.

amended 1 time (opens in a new tab)

s.131 Accommodation, etc. for children

amended 1 time

s.132 Duty of managers of hospitals to give information to detained patients.

amended 11 times (opens in a new tab)

s.132 Duty of managers of hospitals to give information to community patients

amended 11 times

s.133 Duty of managers of hospitals to inform nearest relatives of discharge.

amended 7 times (opens in a new tab)

s.134 Correspondence of patients.

amended 48 times (opens in a new tab)

s.134 Review of decisions to withhold correspondence

amended 48 times

s.135 Warrant to search for and remove patients.

amended 24 times (opens in a new tab)

s.136 Removal etc of mentally disordered persons without a warrant

amended 12 times (opens in a new tab)

s.136 Use of police stations as places of safety

amended 12 times

s.136 Extension of detention

amended 12 times

s.136 Protective searches

amended 12 times

s.138 Retaking of patients escaping from custody.

amended 4 times (opens in a new tab)

s.139 Protection for acts done in pursuance of this Act.

amended 17 times (opens in a new tab)

s.140 Notification of hospitals having arrangements for special cases.

amended 15 times (opens in a new tab)

s.141 Members of Parliament suffering from mental illness.

amended 14 times (opens in a new tab)

s.142 Pay, pensions, etc., of mentally disordered persons.

amended 3 times (opens in a new tab)

s.142 Regulations as to approvals in relation to England and Wales

amended 3 times

s.142 Delegation of powers of managers of NHS foundation trusts

amended 3 times

s.142 Human Rights Act 1998: extension to certain private care providers

amended 3 times

s.143 General provisions as to regulations, orders and rules.

amended 18 times (opens in a new tab)

s.145 Interpretation.

amended 65 times (opens in a new tab)

s.146 Application to Scotland.

amended 6 times (opens in a new tab)

s.147 Application to Northern Ireland.

amended 2 times (opens in a new tab)

s.149 Short title, commencement and application to Scilly Isles.

amended 1 time (opens in a new tab)

15 other sections in this Part — procedural and definitional

s.130 Independent mental health advocates: England

s.130 Arrangements under section 130A

s.130 Section 130A: supplemental

s.130 Duty to give information about independent mental health advocates

s.130 Independent mental health advocates: Wales

s.130 Arrangements under section 130E for Welsh qualifying compulsory patients

s.130 Arrangements under section 130E for Welsh qualifying informal patients

s.130 Independent mental health advocates for Wales: supplementary powers and duties

s.130 Welsh qualifying compulsory patients

s.130 Welsh qualifying informal patients

s.130 Duty to give information about independent mental health advocates to Welsh qualifying compulsory patients

s.130 Duty to give information about independent mental health advocates to Welsh qualifying informal patients

s.137 Provisions as to custody, conveyance and detention.

s.144 Power to amend local Acts.

s.148 Consequential and transitional provisions and repeals.

Schedules

0 of 123 shown

123 other schedules

s.sch001 In section 68— (a) in subsection (1) paragraph (a) shall...

s.sch001 In section 17D(2)(a) for the reference to section 6(2) above...

s.sch001 In section 17G— (a) in subsection (2) for the reference...

s.sch001 In section 16(1) for references to an application for admission...

s.sch001 In section 19A(2), paragraph (b) shall be omitted.

s.sch001 In section 20B(1), for the reference to the application for...

s.sch001 In sections 25A(1)(a) and 25B(5)(a) for the words “in pursuance...

s.sch001 In section 66— (a) in subsection (1), paragraphs (a), (b),...

s.sch002 (1) The Mental Health Review Tribunal for Wales shall consist...

s.sch002 As part of the selection process for an appointment under...

s.sch002 Subject to paragraph 2A below,the members of the Mental Health...

s.sch002 A member of the Mental Health Review Tribunal for Wales...

s.sch002 (1) The Lord Chancellor shall appoint one of the legal...

s.sch002 Subject to rules made by the Lord Chancellor under section...

s.sch002 (1) A member of the First-tier Tribunal who is eligible...

s.sch002 Subject to any rules made by the Lord Chancellor under...

s.sch004 In the Fines and Recoveries Act 1833—

s.sch004 In section 116(7) of the Army Act 1955 for the...

s.sch004 In section 116(7) of the Air Force Act 1955 for...

s.sch004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.sch004 In section 71(6) of the Naval Discipline Act 1957 for...

s.sch004 In section 1 of the Variation of Trusts Act 1958—...

s.sch004 In section 128(1)(b) of the Mental Health Act 1959 for...

s.sch004 . . . . . . . . . ....

s.sch004 In section 5 of the Administration of Justice Act 1960—...

s.sch004 In the Criminal Procedure (Insanity) Act 1964—

s.sch004 In section 18 of the Administration of Justice Act 1965...

s.sch004 In section 68 of the Improvement of Land Act 1864...

s.sch004 In paragraph 1(2)(b) of Schedule 1 to the Compulsory Purchase...

s.sch004 In the Criminal Justice Act 1967— (a) in section 72(1)(b)...

s.sch004 In section 26(2) of the Leasehold Reform Act 1967 for...

s.sch004 In the Criminal Appeal Act 1968— (a) . . ....

s.sch004 In the Courts-Martial (Appeals) Act 1968— (a) in sections 20(4)...

s.sch004 In section 21(4) of the Family Law Reform Act 1969...

s.sch004 In the Children and Young Persons Act 1969—

s.sch004 In Schedule 1 to the Local Authorities Social Services Act...

s.sch004 In section 57(1) of the Courts Act 1971 for the...

s.sch004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.sch004 In section 10(3) of the Colonial Prisoners Removal Act 1884...

s.sch004 In section 30(2) of the Immigration Act 1971 for the...

s.sch004 . . . . . . . . . ....

s.sch004 In section 118 of the Local Government Act 1972—

s.sch004 In the Costs in Criminal Cases Act 1973—

s.sch004 In section 12(d) of the Matrimonial Causes Act 1973 for...

s.sch004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.sch004 In section 3 of the Powers of Criminal Courts Act...

s.sch004 In Group D in Schedule 1 to the Juries Act...

s.sch004 In the Solicitors Act 1974— (a) in section 12(1)(j) for...

s.sch004 In section 5(7) of the Rehabilitation of Offenders Act 1974...

s.sch004 In the Trustee Act 1925— (a) in section 36(9) for...

s.sch004 . . . . . . . . . ....

s.sch004 In the Criminal Procedure (Scotland) Act 1975—

s.sch004 In Part II of Schedule 1 to the House of...

s.sch004 . . . . . . . . . ....

s.sch004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.sch004 In section 32(6)(c) of the Adoption Act 1976 for the...

s.sch004 In section 3(6B) of the Bail Act 1976 for the...

s.sch004 In the National Health Service Act 1977—

s.sch004 In section 16A(1)(b)(ii) of the National Health Service (Scotland) Act...

s.sch004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.sch004 In the Law of Property Act 1925—

s.sch004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.sch004 In the Residential Homes Act 1980— (a) in section 1(3)(a)...

s.sch004 In paragraph 2(a) of Schedule 2 to the Reserve Forces...

s.sch004 In section 31(2)(c) of the Transport Act 1980 for the...

s.sch004 In section 38 of the Limitation Act 1980—

s.sch004 In section 57(2)(c) of the Public Passenger Vehicles Act 1981...

s.sch004 In the Contempt of Court Act 1981—

s.sch004 In the Senior Courts Act 1981— (a) in section 48(6)(a)...

s.sch004 In section 13(9) of the Armed Forces Act 1981 or...

s.sch004 In section 111 of the Land Registration Act 1925—

s.sch004 In paragraph 9 of Schedule 1 to the British Nationality...

s.sch004 In the Mental Health (Amendment) Act 1982—

s.sch004 In paragraph (ii) of the proviso to section 41(1) of...

s.sch004 In sections 4(1) and 11(3)(b) of the Polish Resettlement Act...

s.sch004 In section 1(4) of the U.S.A. Veterans’ Pensions (Administration) Act...

s.sch005 Where any period of time specified in an enactment repealed...

s.sch005 Section 23(2)(a) of this Act shall have effect in relation...

s.sch005 Where at any time before 30th September 1983 an application...

s.sch005 A person— (a) who was admitted to hospital in pursuance...

s.sch005 Subsection (1) of section 68 of this Act does not...

s.sch005 Section 69(1)(b) of this Act shall have effect in relation...

s.sch005 The provisions of this Act which derive from sections 24...

s.sch005 The words in section 42(1) of this Act which derive...

s.sch005 Section 91(2) of this Act shall not apply in relation...

s.sch005 (1) Subsection (3) of section 58 of this Act shall...

s.sch005 In the case of a patient who is detained at...

s.sch005 Nothing in this Act shall affect the interpretation of any...

s.sch005 The repeal by the Mental Health (Amendment) Act 1982 of...

s.sch005 Any direction to which section 71(4) of the Mental Health...

s.sch005 Notwithstanding the repeal by this Act of section 53(5) of...

s.sch005 For any reference in any enactment, instrument, deed or other...

s.sch005 Nothing in this Act shall affect the operation of the...

s.sch005 Nothing in this Act shall affect the operation of subsection...

s.sch005 If the person who is the Master of the Court...

s.sch005 Nothing in this Act shall affect the operation of section...

s.sch005 References to applications, recommendations, reports and other documents in section...

s.sch005 The repeal by the Mental Health Act 1959 of the...

s.sch005 Where, apart from this paragraph, anything done under or for...

s.sch005 The repeal by the Mental Health Act 1959 of the...

s.sch005 (1) Any patient who immediately before the commencement of this...

s.sch005 Any patient who immediately before the commencement of this Act...

s.sch005 (1) This paragraph applies to patients who at the commencement...

s.sch005 (1) Any patient who is liable to be detained in...

s.sch005 (1) The responsible medical officer may record for the purposes...

s.sch005 Any person who immediately before the commencement of this Act...

s.sch005 (1) This paragraph applies to patients who immediately before the...

s.sch005 Any patient who immediately before the commencement of this Act...

s.sch005 Upon a restriction direction in respect of a patient who...

s.sch005 (1) Until the expiration of the period of two years...

s.sch005 A person who immediately before the commencement of this Act...

s.sch005 Any opinion recorded by the responsible medical officer under the...

s.sch005 (1) In the foregoing provisions of this Schedule—

s.sch005 (1) Any order or appointment made, direction or authority given,...

s.sch005 Where a person who immediately before 1st November 1960 was...

s.sch005 Section 101(1) of this Act shall apply in relation to...

s.sch005 For the purposes of section 15 of the National Health...

s.sch005 If no order has been made under section 11 of...

s.sch005 This Act shall apply in relation to any authority for...

s.sch005 This Act shall apply to any application made before 30th...

s.sch005 (1) Where on 30th September 1983 a person who has...

s.sch005 (1) Section 20(1) of this Act shall have effect in...

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Mental Health Act 1983

Does it bind you?

Other Acts binding the same actors

What it requires

Application of Act

Compulsory Admission to Hospital and Guardianship

Patients Concerned in Criminal Proceedings or Under Sentence

Treatment of community patients not recalled to hospital

Consent to Treatment

Mental Health Review Tribunals

Removal and Return of Patients Within United Kingdom, etc.

Management of Property and Affairs of Patients

Miscellaneous Functions of Local Authorities and the Secretary of State

Offences

Miscellaneous and Supplementary

Schedules