| Guvnor

47 other sections in this Part — procedural and definitional

s.001 Removal of categories of mental disorder

s.002 Learning disability

s.003 Changes to exclusions from operation of 1983 Act

s.004 Replacement of “treatability” and “care” tests with appropriate treatment test

s.005 Further cases in which appropriate treatment test is to apply

s.006 Appropriate treatment test in Part 4 of 1983 Act

s.007 Change in definition of “medical treatment”

s.008 The fundamental principles

s.009 Amendments to Part 2 of 1983 Act

s.010 Amendments to Part 3 of 1983 Act

s.011 Further amendments to Part 3 of 1983 Act

s.012 Amendments to Part 4 of 1983 Act

s.013 Amendments to Part 5 of 1983 Act

s.014 Amendments to other provisions of 1983 Act

s.015 Amendments to other Acts

s.016 Certain registered medical practitioners to be treated as approved under section 12 of 1983 Act

s.017 Regulations as to approvals in relation to England and Wales

s.018 Approved mental health professionals

s.019 Approval of courses etc for approved mental health professionals

s.020 Amendment to section 62 of Care Standards Act 2000

s.021 Approved mental health professionals: further amendments

s.022 Conflicts of interest

s.023 Extension of power to appoint acting nearest relative

s.024 Discharge and variation of orders appointing nearest relative

s.025 Restriction of nearest relative's right to apply to tribunal

s.026 Civil partners

s.027 Electro-convulsive therapy,

s.028 Section 27: supplemental

s.029 Withdrawal of consent

s.030 Independent mental health advocates

s.031 Accommodation, etc.

s.032 Community treatment orders, etc

s.033 Relationship with leave of absence

s.034 Consent to treatment

s.035 Authority to treat

s.036 Repeal of provisions for after-care under supervision

s.037 References

s.038 Organisation

s.039 Cross-border arrangements

s.040 Restriction orders

s.041 Conditionally discharged patients subject to limitation directions

s.042 Offence of ill-treatment: increase in maximum penalty on conviction on indictment

s.043 Informal admission of patients aged 16 or 17

s.044 Places of safety

s.045 Delegation of powers of managers of

s.046 Local Health Boards

s.047 Welsh Ministers: procedure for instruments

4 other sections in this Part — procedural and definitional

s.048 Victims' rights

s.049 Independent mental capacity advocacy service: exceptions

s.050 Mental Capacity Act 2005: deprivation of liberty

s.051 Amendment to section 20(11) of Mental Capacity Act 2005

8 other sections in this Part — procedural and definitional

s.052 Meaning of “1983 Act”

s.053 Transitional provisions and savings

s.054 Consequential provisions

s.055 Repeals and revocations

s.056 Commencement

s.057 Commencement of section 36

s.058 Extent

s.059 Short title

137 other schedules

s.sch001 The 1983 Act is amended as follows.

s.sch001 In section 47(1) (power to make transfer direction), in paragraph...

s.sch001 In section 48 (further power to make transfer direction)—

s.sch001 In section 51(6) (further power to make hospital order), in...

s.sch001 In section 66(2) (time limits for applications to tribunals), in...

s.sch001 In section 72 (powers of tribunals)— (a) in subsection (1)(b)(i),...

s.sch001 (1) Section 86 (application of power to remove alien patients)...

s.sch001 (1) Section 141 (Members of Parliament etc ) is amended...

s.sch001 In section 145(1) (interpretation), for the definitions of “mental disorder”,...

s.sch001 (1) Part 1 of Schedule 1 to the Juries Act...

s.sch001 In section 14 of the Contempt of Court Act 1981...

s.sch001 In section 3(2) (grounds for application for admission for treatment),...

s.sch001 (1) The Family Law Act 1996 (c. 27) is amended...

s.sch001 In section 156 of the Housing Act 1996 (c. 52)...

s.sch001 In section 121 of the Care Standards Act 2000 (c....

s.sch001 (1) In Schedule 4 to the Mental Capacity Act 2005...

s.sch001 In section 275 of the National Health Service Act 2006...

s.sch001 In section 206 of the National Health Service (Wales) Act...

s.sch001 In section 27 of the Police and Justice Act 2006...

s.sch001 In section 7(2) (grounds for guardianship application), in paragraph (a),...

s.sch001 In section 20 (renewal of detention or guardianship)—

s.sch001 In section 35(3) (conditions for exercise of power to remand...

s.sch001 In section 36(1) (conditions for exercise of power to remand...

s.sch001 In section 37 (power to order hospital admission or guardianship)—...

s.sch001 In section 38(1) (conditions for exercise of power to make...

s.sch001 In section 45A(2) (conditions for exercise of power to direct...

s.sch002 The 1983 Act is amended as follows.

s.sch002 In the following provisions, for “approved social worker” substitute “...

s.sch002 (1) Section 145 (interpretation) is amended as follows.

s.sch002 In the following provisions, for “approved social worker” substitute “...

s.sch002 (1) Section 10 (transfer of guardianship) is amended as follows....

s.sch002 (1) Section 11 (general provisions as to applications) is amended...

s.sch002 (1) Section 13 (the title to which becomes “Duty of...

s.sch002 In section 14 (social reports), for “a social worker” substitute...

s.sch002 In the following provisions, for “approved social worker” substitute “...

s.sch002 For section 115 substitute— Powers of entry and inspection (1) An approved mental health professional may at all reasonable...

s.sch002 In section 118(1)(a) (application of code of practice), for “approved...

s.sch003 The 1983 Act is amended as follows.

s.sch003 (1) Section 23 (discharge of patients) is amended as follows....

s.sch003 (1) Section 24 (visiting and examination of patients) is amended...

s.sch003 (1) Section 25 (restrictions on discharge by nearest relative) is...

s.sch003 In section 29 (appointment by court of acting nearest relative),...

s.sch003 (1) Section 30 (discharge and variation of orders under section...

s.sch003 In section 32 (regulations for purposes of Part 2), in...

s.sch003 (1) Section 33 (special provisions as to wards of court)...

s.sch003 In section 41 (power of higher courts to restrict discharge...

s.sch003 (1) Section 66 (applications to tribunals) is amended as follows....

s.sch003 In section 67 (references to tribunals by Secretary of State...

s.sch003 In section 5 (application in respect of patient already in...

s.sch003 In section 69 (applications to tribunals concerning patients subject to...

s.sch003 (1) Section 72 (powers of tribunals) is amended as follows....

s.sch003 In section 76 (visiting and examination of patients), in subsection...

s.sch003 In section 77 (general provisions concerning tribunal applications), in subsection...

s.sch003 In section 117 (after-care), in subsection (2) for the words...

s.sch003 In section 118 (code of practice), in subsection (1)(a) for...

s.sch003 (1) Section 120 (general protection of detained patients) is amended...

s.sch003 In section 121 (Mental Health Act Commission), in subsection (4),...

s.sch003 In section 128 (assisting patients to absent themselves without leave,...

s.sch003 In section 132 (duty of managers of hospitals to give...

s.sch003 (1) Section 18 (return and readmission of patients absent without...

s.sch003 After section 132 insert— Duty of managers of hospitals to...

s.sch003 In section 133 (duty of managers of hospitals to inform...

s.sch003 In section 138 (retaking of patients escaping from custody), in...

s.sch003 In section 141 (Members of Parliament suffering from mental disorder),...

s.sch003 (1) Section 145 (interpretation) is amended as follows.

s.sch003 (1) In section 146 (application to Scotland), omit the words...

s.sch003 (1) In Schedule 1 (application of certain provisions to patients...

s.sch003 (1) Part 2 of that Schedule (patients subject to special...

s.sch003 After section 19 insert— Regulations as to assignment of responsibility...

s.sch003 In section 20 (duration of authority)— (a) in subsection (2),...

s.sch003 (1) Section 21 (special provisions as to patients absent without...

s.sch003 In section 21A (patients who are taken into custody or...

s.sch003 (1) Section 21B (patients who are taken into custody or...

s.sch003 For section 22 substitute— Special provisions as to patients sentenced...

s.sch004 After section 5 of the Administration of Justice Act 1960...

s.sch004 (1) The Criminal Appeal Act 1968 (c. 19) is amended...

s.sch004 (1) The Courts-Martial (Appeals) Act 1968 (c. 20) is amended...

s.sch004 In Schedule 1 to the Juries Act 1974 (c. 23)...

s.sch005 Part 6 of the 1983 Act is amended as set...

s.sch005 Before section 83A (the title to which becomes “Transfer of...

s.sch005 In section 85 (patients removed from Channel Islands or Isle...

s.sch005 Before section 85A (the title to which becomes “Responsibility for...

s.sch005 (1) Section 85A is amended as follows.

s.sch005 (1) Section 88 (patients absent from hospitals in England and...

s.sch005 In section 90 (regulations for purposes of Part 6), for...

s.sch005 In section 91 (general provisions as to patients removed from...

s.sch005 In section 92 (interpretation of Part 6), after subsection (1)...

s.sch005 In section 69 of the 1983 Act (applications to tribunals...

s.sch005 (1) Section 79 of that Act (interpretation of Part 5)...

s.sch005 In section 80 (removal of patients to Scotland) (the cross-heading...

s.sch005 (1) In section 146 (application to Scotland), omit the words...

s.sch005 (1) The Mental Health (Care and Treatment) (Scotland) Act 2003...

s.sch005 (1) After that section insert— Transfer of responsibility for community...

s.sch005 (1) After section 80A (the title to which becomes (...

s.sch005 In section 81 (removal of patients to Northern Ireland), in...

s.sch005 After that section insert— Removal of community patients to Northern...

s.sch005 (1) Section 81A (transfer of responsibility for patients to Northern...

s.sch005 In section 82 (removal to England and Wales of patients...

s.sch005 In section 82A (the title to which becomes “Transfer of...

s.sch006 Chapter 2 of Part 3 of the Domestic Violence, Crime...

s.sch006 (1) Section 42 (victims' rights: preliminary) is amended as follows....

s.sch006 After section 42 insert— Supplemental provision for case where no...

s.sch006 In section 43 (the title to which becomes “Representations where...

s.sch006 After section 43 insert— Representations where restriction direction not given...

s.sch006 In section 44 (the title to which becomes “Information where...

s.sch006 After section 44 insert — Information where restriction direction not...

s.sch006 (1) Section 45 (the title to which becomes “Interpretation: sections...

s.sch006 (1) Section 36 (victims' rights: preliminary) is amended as follows....

s.sch006 After section 36 insert— Supplemental provision for case where no...

s.sch006 In section 37 (the title to which becomes “Representations where...

s.sch006 After section 37 insert— Representations where restriction order not made...

s.sch006 In section 38 (the title to which becomes “Information where...

s.sch006 After section 38 insert — Information where restriction order not...

s.sch006 In section 39 (victims' rights: preliminary), in subsection (3)—

s.sch006 After section 41 insert— Removal of restriction (1) This section applies if, in a case where section...

s.sch009 The Mental Capacity Act 2005 (c. 9) is amended as...

s.sch009 (1) Section 64 is amended as follows.

s.sch009 (1) Section 65 is amended as follows.

s.sch009 (1) Section 47 of the National Assistance Act 1948 (removal...

s.sch009 (1) Schedule 1 to the Local Authority Social Services Act...

s.sch009 After section 21 insert— Powers of the court in relation...

s.sch009 In section 35, in subsection (1) after “relate” insert “...

s.sch009 (1) Section 38 is amended as follows.

s.sch009 (1) Section 39 is amended as follows.

s.sch009 After section 39 insert— Person becomes subject to Schedule A1...

s.sch009 (1) Section 40 (as substituted by section 49 of this...

s.sch009 (1) Section 42 is amended as follows.

s.sch009 In section 50, after subsection (1) insert—

s.sch010 (1) This Schedule is to be read as follows.

s.sch010 (1) The provisions mentioned in sub-paragraph (4) do not affect—...

s.sch010 (1) The amendments made by section 6 (appropriate treatment test...

s.sch010 The amendment made by paragraph 13 of Schedule 1 and...

s.sch010 Section 32 and the amendments and repeals in Schedules 3...

s.sch010 (1) Subsections (2), (3) and (4)(b) of section 23 (extension...

s.sch010 (1) If, by virtue of section 26 (civil partners) coming...

s.sch010 (1) Section 30— (a) applies to a patient who is...

s.sch010 (1) The amendments made by section 37 apply in relation...

2 other provisions

s.para.175 Before Schedule 1 to the Mental Capacity Act 2005 (c....

s.para.176 After Schedule 1 to the Mental Capacity Act 2005 (c....

Mental Health Act 2007

What it defines

Amendments to Mental Health Act 1983

Amendments to other Acts

General

Schedules