Mental Health Act 1983

[^key-f4433f2db509917ec92af337866bb935]: S. 135(7) inserted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 81(3), 183(1)(5)(e); S.I. 2017/1017, reg. 3(b) (with reg. 4)

[^key-d9e9d9e040c111287e2a786dc70a09c0]: S. 135(8) inserted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 81(4), 183(1)(5)(e); S.I. 2017/1017, reg. 3(b) (with reg. 4)

[^key-58949b86fc337089948c7c27fe5e25bc]: S. 136(5) inserted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 81(5), 183(1)(5)(e); S.I. 2017/1017, reg. 3(b) (with reg. 4)

[^key-bfaaec77cd7fdcfb76bf33a1c270ac85]: S. 136A inserted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 81(6), 183(1)(5)(e); S.I. 2017/1017, reg. 3(b) (with reg. 4)

[^key-caef22b66c3cf12ba29b7c767c0f1b62]: Words in s. 135(3) substituted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 82(2)(a), 183(1)(5)(e); S.I. 2017/1017, reg. 3(c) (with reg. 4)

[^key-7a5afbc8e256deb27d95a5c23634baee]: S. 135(3ZA) inserted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 82(2)(b), 183(1)(5)(e); S.I. 2017/1017, reg. 3(c) (with reg. 4)

[^key-ac740e2638490050ef7c6b16f9c70f8a]: Words in s. 135(3A) substituted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 82(2)(c), 183(1)(5)(e); S.I. 2017/1017, reg. 3(c) (with reg. 4)

[^key-30a43c27c2dadb1ab2f9778e7b36f1af]: Words in s. 135(3B) substituted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 82(2)(d), 183(1)(5)(e); S.I. 2017/1017, reg. 3(c) (with reg. 4)

[^key-c1b6e67a9ec6b49ffd96eeb8b7676bcf]: Words in s. 136(2) substituted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 82(3)(a), 183(1)(5)(e); S.I. 2017/1017, reg. 3(c) (with reg. 4)

[^key-28021e53faa8ef2a45200217e2e9a166]: S. 136(2A) inserted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 82(3)(b), 183(1)(5)(e); S.I. 2017/1017, reg. 3(c) (with reg. 4)

[^key-670f8585039e0cc8899b1be110c2a5a6]: Words in s. 136(3) substituted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 82(3)(c), 183(1)(5)(e); S.I. 2017/1017, reg. 3(c) (with reg. 4)

[^key-0febf022299c43aa6fbb1ab40466898a]: Words in s. 136(4) substituted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 82(3)(d), 183(1)(5)(e); S.I. 2017/1017, reg. 3(c) (with reg. 4)

[^key-06582044496ed1666d472b610d8d9206]: S. 136B inserted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 82(4), 183(1)(5)(e); S.I. 2017/1017, reg. 3(c) (with reg. 4)

[^key-6842de44293816c6296e8c72cdcd2510]: Words in s. 138(3) substituted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 82(5), 183(1)(5)(e); S.I. 2017/1017, reg. 3(c) (with reg. 4)

[^key-56f7024b769a202a9bfdb2e88d7dd9cc]: S. 136C inserted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 83, 183(1)(5)(e); S.I. 2017/1017, reg. 3(d) (with reg. 4)

[^key-d98fd628a1f939a714d99f02c232a215]: S. 114ZA: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 48(1), 70(2); S.I. 2018/346, reg. 4(p)

[^key-800964276443eabf0f19810d541dc402]: S. 78 functions transferred (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 20

[^M_F_4a8b2d13-e9ab-48b1-cf52-2cb4e3c9ed97]: S. 119(3)(c) and word inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 4(b)

[^M_F_74a063c4-95d0-44d6-8cfe-f3f79ba1c83d]: Word in s. 119(3)(a) omitted (2.4.2018) by virtue of The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 4(a)

[^M_F_0e373edb-6a4c-489a-f4aa-99b2767b653f]: Word in s. 120(9)(a) omitted (2.4.2018) by virtue of The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 5(a)

[^M_F_a3346f65-b49f-4e02-9df5-edddf4ab161a]: S. 120(9)(c) and word inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 5(b)

[^M_F_c90451cb-fb3f-49ee-99c5-933e6ede3ef4]: Definition of "care home" in s. 145(1) substituted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 6

[^key-66d748ca8b8d355deb6de25718785130]: Words in s. 114ZA(1) substituted (E.) (2.12.2019) by The Social Workers Regulations 2018 (S.I. 2018/893), regs. 1(2), 39(2); S.I. 2019/1436, reg. 2(b)

[^key-e686eece09d4889bf54e679f9c959250]: Words in s. 114ZA(2) substituted (E.) (2.12.2019) by The Social Workers Regulations 2018 (S.I. 2018/893), regs. 1(2), 39(3); S.I. 2019/1436, reg. 2(b)

[^key-c8ab8e7a667f2ae6ef25ea64fcbfad17]: S. 114ZA(4) omitted (E.) (2.12.2019) by virtue of The Social Workers Regulations 2018 (S.I. 2018/893), regs. 1(2), 39(4); S.I. 2019/1436, reg. 2(b)

[^key-8f8c70371f00b1c46b82b48b6f1fd85a]: S. 114ZA(5)(6) inserted (E.) (2.12.2019) by The Social Workers Regulations 2018 (S.I. 2018/893), regs. 1(2), 39(5); S.I. 2019/1436, reg. 2(b)

[^key-401746f945c6b6cfd701fbf76eb2d46e]: S. 37 modified (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

[^key-0a8c3bd8ea2ddda01bef5d71908f09b4]: Words in s. 37(1A) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 73(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[^key-c3e528487ff67b4acec3d37de9819781]: S. 37(1B) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 73(3) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[^key-1757720edaedd59be705ca2795fbdf4b]: Words in s. 37(8)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 73(4)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[^key-e5d3037b477b6bef81c9b1d8d61893cd]: Words in s. 37(8)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 73(4)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[^key-a0c433ba07cf59d085b0b35b654e0402]: Words in s. 37(8)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 73(6) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[^key-b8909fa9af3099ac63ac00c8a6ae89f9]: Words in s. 37(8)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 73(5) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[^key-e1c0c1b9355c2bc913404021f4e32fc0]: Words in s. 43(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 74 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[^key-7ff4f81f6a4d365dc5cc78a8d93ed9e5]: Words in s. 130H(7)(b) omitted (31.12.2020) by virtue of The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/761), regs. 1(2), 15; 2020 c. 1, Sch. 5 para. 1(1)

[^key-a104ab4fdfaf8a241d7d60300dac5368]: Words in s. 43(4) substituted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 15

[^key-8d27279ab543a11518a89640d8ba8896]: Words in s. 37(1A) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 8(a)

[^key-681565238a92061f5c9af6de3caeedca]: S. 37(1B)(aa) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 8(b)

[^M_F_1a354f86-614e-429c-b948-3dd7a2377b2d]: Word in Sch. 2 para. 2A substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(4)(a), Sch. 1 para. 18

[^key-8cba5bd200ff2bf54fa001a3106c2c4b]: Word in s. 37(1A) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(16)(a)(i), 208(5)(b)

[^key-f9ba2e65875d154294278c7f43c5a25e]: Word in s. 37(1A) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(16)(a)(ii), 208(5)(b)

[^key-f134293ce6dc6623d6ded1598a8aa1d5]: Words in s. 37(1A) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(16)(a)(iii), 208(5)(b)

[^key-34c511b4b763e539e940f34b1c17aa8b]: Words in s. 37(1B)(a) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(16)(b)(i), 208(5)(b)

[^key-64c772af6fed46ef069a1d92844dbe9b]: Words in s. 37(1B)(b) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(16)(b)(ii), 208(5)(b)

[^key-beea05134f6138fb20ba1df44fbd9271]: Words in s. 37(1B)(c) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(16)(b)(iii), 208(5)(b)

[^key-374f8f382fe9adfda079a62452208cb6]: Words in s. 37(1B)(d) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(k), Sch. 12 para. 1 (with s. 124(11)(12))

[^key-838d8ade9253a2abc5810ed0d89da122]: Words in s. 12ZB substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-9cdff827a02b11423c6bf3959ca9fef2]: Words in s. 12ZC substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-d460e8caefe89c7b44cbd0cdc26efc0c]: Words in s. 39(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 15; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-fb2a6935e1df12d4dda70f30d0719b53]: Words in s. 39 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-adfb148550338c9d97ba2103ec978c3e]: Words in s. 117 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-4bb5de97bb8193b260f5daee91c0d946]: Words in s. 117(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 16; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-35b9dc620d39435d79806fdcc6ed47ba]: Words in s. 117(2D) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 16; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-be9e8459bf198d03fc7aa4092f360985]: Words in s. 117(2E) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 16; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-bb1f0cbaabca62fdc7d8dbd7e213a94d]: Words in s. 117(2F) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 16; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-f704826e9adbd18af4df7c1ddff90bd7]: Words in s. 117(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 16; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-bd2817e0e435c5e9e3c2f10dc0e5fd3f]: Words in s. 134(3)(e) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 17; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-c36b5ef9d0ba497246547d2d656d2a3d]: Words in s. 134 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-ccb71ac9d3cd72896797467fb67d83a7]: Words in s. 139(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 18; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-588db63b13227018d0870bd8be7555a5]: Words in s. 139 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-76de8bfd1ce333275cf6cc3d4a4bb149]: Words in s. 140 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 19; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^M_F_8803d9d8-353b-4bba-92c9-5e72d40d208a]: Words in s. 117(2) inserted (27.3.2012 for specified purposes, 1.2.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 40(2)(a), 306(1)(d), (4); S.I. 2012/2657, art. 2(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

[^M_F_bb99872e-5d40-4279-dc91-a9e956badd0f]: Words in s. 117(2) inserted (27.3.2012 for specified purposes, 1.2.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 40(2)(c), 306(1)(d), (4); S.I. 2012/2657, art. 2(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

[^M_F_b64b8f76-a877-4f99-d7ac-e41038207282]: Words in s. 117(3) inserted (27.3.2012 for specified purposes, 1.2.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 40(4)(a), 306(1)(d), (4); S.I. 2012/2657, art. 2(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

[^key-3caceb178870ebdab722831b630c94f7]: Words in s. 134(3)(e) omitted (1.4.2023) by virtue of Health and Social Care (Quality and Engagement) (Wales) Act 2020 (asc 1), s. 29(2), Sch. 3 para. 6(b); S.I. 2023/370, art. 3(1)(t)

[^key-b2526cc83b4519c71d34e5136876502e]: S. 134(3)(cb) inserted (1.4.2023) by Health and Social Care (Quality and Engagement) (Wales) Act 2020 (asc 1), s. 29(2), Sch. 3 para. 6(a); S.I. 2023/370, art. 3(1)(t)

[^key-a33c266fd18c97ed2db83994dd9c676d]: Pt. 3 applied in part (17.4.2024) by The Armed Forces (Appeals Against Review of Sentence) Regulations 2024 (S.I. 2024/619), regs. 1(2), 6(5)(6), 29(6)(7); S.I. 2024/562, reg. 2

[^key-71944705dc9f77895fa371f2093a0af1]: Words in s. 117(2C)(b) substituted (W.) (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1), s. 29(1)(a)(ii), Sch. 1 para. 3(b)

[^key-2d1b8885ad364f42ec98ad930fe36880]: Word in s. 117(2C)(a)(ii) omitted (W.) (1.1.2026) by virtue of Health and Social Care (Wales) Act 2025 (asc 1), s. 29(2), Sch. 2 para. 1(2)(a); S.I. 2025/1257, art. 4(b)

[^key-b3082ead51c046dd534e8ca19b4401f2]: Word in s. 117(2C)(a)(iii) substituted (W.) (1.1.2026) by Health and Social Care (Wales) Act 2025 (asc 1), s. 29(2), Sch. 2 para. 1(2)(b); S.I. 2025/1257, art. 4(b)

[^key-36d594f74bb9432ba5efe35da1bee57a]: S. 117(2C)(a)(iv) inserted (W.) (1.1.2026) by Health and Social Care (Wales) Act 2025 (asc 1), s. 29(2), Sch. 2 para. 1(2)(c); S.I. 2025/1257, art. 4(b)

[^key-7ad1c4da26bf386debbb67e66f665586]: Sch. 2 para. 1 renumbered as Sch. 2 para. 1(1) (22.1.2026) by Mental Health Review Tribunal for Wales (Membership) Act 2026 (asc 1), ss. 1(2), 3

[^key-a4d4cb31c677fce470481116bceb42e9]: Sch. 2 para. 1(2)(3) inserted (22.1.2026) by Mental Health Review Tribunal for Wales (Membership) Act 2026 (asc 1), ss. 1(3), 3

[^key-286ac21e40d3f0209c4dd542ac8a45e4]: S. 42(2A) inserted (18.2.2026) by Mental Health Act 2025 (c. 33), ss. 35(2), 56(1) (with s. 35(5))

[^key-e7c7267bf254e84bfa061193334668a9]: S. 48(2)(d) substituted (18.2.2026) by Mental Health Act 2025 (c. 33), ss. 36(3)(b), 56(1)

[^key-333ef6cd29d846a30a74db118f62344c]: Words in s. 48(2)(a) substituted (18.2.2026) by Mental Health Act 2025 (c. 33), ss. 38(1), 56(1)

[^key-ac75bd87266528d9cb327362bc4cd9a8]: S. 71(4A)(4B) inserted (18.2.2026) by Mental Health Act 2025 (c. 33), ss. 32(2)(b), 56(1) (with s. 32(5))

[^key-3025a63b561dc404f7d7b165fe95e88e]: Words in s. 71(3A) substituted (18.2.2026) by Mental Health Act 2025 (c. 33), ss. 32(2)(a), 56(1) (with s. 32(5))

[^key-07e927a5d04a5c06c9167d3e17e30b6e]: S. 73(5A)(5B) inserted (18.2.2026) by Mental Health Act 2025 (c. 33), ss. 35(3)(b), 56(1) (with s. 35(5))

[^key-225b9d07df3964f485e3da385f04ff64]: S. 73(2)(c) and word inserted (18.2.2026) by Mental Health Act 2025 (c. 33), ss. 35(3)(a)(ii), 56(1) (with s. 35(5))

[^key-c8e14bdaa60e748e80d681747eeab199]: Word in s. 73(2)(a) omitted (18.2.2026) by virtue of Mental Health Act 2025 (c. 33), ss. 35(3)(a)(i), 56(1) (with s. 35(5))

[^key-c2de68e7f925aec4277c0bd10efe845d]: S. 75(2A) inserted (18.2.2026) by Mental Health Act 2025 (c. 33), ss. 30(2)(c), 56(1)

[^key-2d25d312bd61a0d0ff90db1567f04a44]: S. 75(2C)-(2I) inserted (18.2.2026) by Mental Health Act 2025 (c. 33), ss. 32(3)(a), 56(1) (with s. 32(5))

[^key-89476ede71dfc65c81725b979987309c]: S. 75(4) inserted (18.2.2026) by Mental Health Act 2025 (c. 33), ss. 32(3)(c), 56(1) (with s. 32(5))

[^key-7e63ca13606b4e364ea284b2dc274422]: Words in s. 75(3) inserted (18.2.2026) by Mental Health Act 2025 (c. 33), ss. 32(3)(b)(i), 56(1) (with s. 32(5))

[^key-4fa4d64624ce97ef5c0335baee9d326d]: Words in s. 75(3) inserted (18.2.2026) by Mental Health Act 2025 (c. 33), ss. 32(3)(b)(ii), 56(1) (with s. 32(5))

[^key-3ed589f7774cfd3a663a8593ef29648e]: Words in s. 75(1) inserted (18.2.2026) by Mental Health Act 2025 (c. 33), ss. 30(2)(a), 56(1)

[^key-2e9b79c0bcd404613439eabf8d33d3ae]: Words in s. 75(2) substituted (18.2.2026) by Mental Health Act 2025 (c. 33), ss. 30(2)(b)(i), 56(1)

[^key-63a3564e25f04bd1120bf0e156fc0f11]: Words in s. 75(2)(a) substituted (18.2.2026) by Mental Health Act 2025 (c. 33), ss. 30(2)(b)(ii), 56(1)

[^key-63b7af34c407d20594a4a76ce4614f60]: Words in s. 143(3) substituted (18.2.2026) by Mental Health Act 2025 (c. 33), ss. 32(4), 56(1) (with s. 32(5))

[^key-e9a1b40f945c5df4420a7e4ff03587ca]: Words in s. 145(1) inserted (18.2.2026) by Mental Health Act 2025 (c. 33), ss. 35(4), 56(1) (with s. 35(5))

[^key-dc528f6dce765257b18e3bfe3ecfa747]: Words in Sch. 1 para. 9(b) substituted (18.2.2026) by Mental Health Act 2025 (c. 33), ss. 39, 56(1)

[^key-31ccc2f3d84eb22abf27d30ff6ae04e9]: Words in s. 117(2C)(a)(ii) substituted (W.) (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), s. 29(2), Sch. 1 para. 3(a)(i); S.I. 2025/1257, art. 3(2)(f)

[^key-9520aeeb4c6bc75d1dd918cce9931af0]: Words in s. 117(2C)(a)(ii) omitted (W.) (1.4.2026) by virtue of Health and Social Care (Wales) Act 2025 (asc 1), s. 29(2), Sch. 1 para. 3(a)(ii); S.I. 2025/1257, art. 3(2)(f)

[^key-030acd26d8c774b7f2cfa0bf9ad870ce]: S. 142C inserted (6.4.2026) by Mental Health Act 2025 (c. 33), ss. 51, 56(3); S.I. 2026/385, reg. 2(a)

Nearest relative of minor under guardianship, etc.

Effect of hospital and limitation directions.

Electro-convulsive therapy, etc.

Further provisions as to prisoners under sentence.

Transfer of conditionally discharged patients from Scotland

Practitioners approved for Part IV and s. 118.

Removal of community patients to Northern Ireland

Urgent treatment.

Requirements to secure receipt of after-care under supervision.

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

Restricted patients subject to restriction directions.

Procedure of Mental Health Review Tribunal for Wales.

Removal of patients subject to compulsion in the community from Scotland

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

Members of Parliament suffering from mental illness.

Appointment by court of acting nearest relative.

Nearest relative of minor under guardianship, etc.

Removal of community patients to Northern Ireland

Effect of hospital and limitation directions.

Review of decisions to withhold correspondence

Restriction on discharge of prisoners removed to hospital.

Review of decisions to withhold correspondence

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

Restriction on discharge of prisoners removed to hospital.

Effect of hospital and limitation directions.

Restriction on discharge of prisoners removed to hospital.

Treatment not requiring consent.

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

Regulations as to approvals in relation to England and Wales

Power to amend local Acts.

Application to Scotland.

Remand of accused person to hospital for treatment.

Children and young persons in care.

Procedure on applications to county court.

Removal of patients subject to compulsion in the community from Scotland

Transfer of conditionally discharged patients from Scotland

Application to Scotland.

Effect of hospital and limitation directions.

130E

• (1) The Welsh Ministers shall make such arrangements as they consider reasonable to enable persons (“independent mental health advocates”) to be available to help–

• (a) Welsh qualifying compulsory patients; and

• (b) Welsh qualifying informal patients.

• (2) The Welsh Ministers may by regulations make provision as to the appointment of persons as independent mental health advocates.

• (3) The regulations may, in particular, provide–

• (a) that a person may act as an independent mental health advocate only in such circumstances, or only subject to such conditions, as may be specified in the regulations;

• (b) for the appointment of a person as an independent mental health advocate to be subject to approval in accordance with the regulations.

• (4) In making arrangements under this section, the Welsh Ministers shall have regard to the principle that any help available to a patient under the arrangements should, so far as practicable, be provided by a person who is independent of any person who–

• (a) is professionally concerned with the patient's medical treatment; or

• (b) falls within a description specified in regulations made by the Welsh Ministers.

• (5) For the purposes of subsection (4) above, a person is not to be regarded as professionally concerned with a patient's medical treatment merely because he is representing him in accordance with arrangements–

• (a) under section 35 of the Mental Capacity Act 2005; or

• (b) of a description specified in regulations under this section.

• (6) Arrangements under this section may include provision for payments to be made to, or in relation to, persons carrying out functions in accordance with the arrangements.

• (7) Regulations under this section and sections 130F to 130H–

• (a) may make different provision for different cases;

• (b) may make provision which applies subject to specified exceptions;

• (c) may include transitional, consequential, incidental or supplemental provision.

130F

• (1) The help available to a Welsh qualifying compulsory patient under arrangements under section 130E shall include help in obtaining information about and understanding–

• (a) the provisions of this Act by virtue of which he is a qualifying compulsory patient;

• (b) any conditions or restrictions to which he is subject by virtue of this Act;

• (c) what (if any) medical treatment is given to him or is proposed or discussed in his case;

• (d) why it is given, proposed or discussed;

• (e) the authority under which it is, or would be, given; and

• (f) the requirements of this Act which apply, or would apply, in connection with the giving of the treatment to him.

• (2) The help available under the arrangements to a Welsh qualifying compulsory patient shall also include–

• (a) help in obtaining information about and understanding any rights which may be exercised under this Act by or in relation to him;

• (b) help (by way of representation or otherwise)–

• (i) in exercising the rights referred to in paragraph (a);

• (ii) for patients who wish to become involved, or more involved, in decisions made about their care or treatment, or care or treatment generally;

• (iii) for patients who wish to complain about their care or treatment;

• (c) the provision of information about other services which are or may be available to the patient;

• (d) other help specified in regulations made by the Welsh Ministers.

130G

• (1) The help available to a Welsh qualifying informal patient under arrangements under section 130E shall include help in obtaining information about and understanding–

• (a) what (if any) medical treatment is given to him or is proposed or discussed in his case;

• (b) why it is given, proposed or discussed;

• (c) the authority under which it is, or would be, given.

• (2) The help available under the arrangements to a Welsh qualifying informal patient shall also include–

• (a) help (by way of representation or otherwise)–

• (i) for patients who wish to become involved, or more involved, in decisions made about their care or treatment, or care or treatment generally;

• (ii) for patients who wish to complain about their care or treatment;

• (b) the provision of information about other services which are or may be available to the patient;

• (c) other help specified in regulations made by the Welsh Ministers.

130H

• (1) For the purpose of providing help to a patient in accordance with arrangements made under section 130E, an independent mental health advocate may–

• (a) visit and interview the patient in private;

• (b) visit and interview–

• (i) any person who is professionally concerned with his medical treatment;

• (ii) any other person who falls within a description specified in regulations made by the Welsh Ministers;

• (c) require the production of and inspect any records relating to his detention, treatment or assessment in any hospital or registered establishment or to any after-care services provided for him under section 117 above;

• (d) require the production of and inspect any records of, or held by, a local social services authority which relate to him.

• (2) But an independent mental health advocate is not entitled to the production of, or to inspect, records in reliance on subsection (1)(c) or (d) above unless–

• (a) in a case where the patient has capacity or is competent to consent, he does consent; or

• (b) in any other case, the production or inspection would not conflict with a decision made by a donee or deputy or the Court of Protection and the person holding the records, having regard to such matters as may be prescribed in regulations under section 130E above, considers that–

• (i) the records may be relevant to the help to be provided by the advocate;

• (ii) the production or inspection is appropriate.

• (3) For the purpose of providing help to a Welsh qualifying compulsory patient in accordance with the arrangements, an independent mental health advocate shall comply with any reasonable request made to him by any of the following for him to visit and interview the patient–

• (a) the patient;

• (b) the person (if any) appearing to the advocate to be the patient's nearest relative;

• (c) the responsible clinician for the purposes of this Act;

• (d) an approved mental health professional;

• (e) a registered social worker who is professionally concerned with the patient's care, treatment or assessment;

• (f) where the patient is liable to be detained in a hospital or registered establishment, the managers of the hospital or establishment or a person duly authorised on their behalf;

• (g) the patient's donee or deputy.

• (4) For the purpose of providing help to a Welsh qualifying informal patient in accordance with the arrangements, an independent mental health advocate shall comply with any reasonable request made to him by any of the following for him to visit and interview the patient–

• (a) the patient;

• (b) the managers of the hospital or establishment in which the patient is an in-patient or a person duly authorised on their behalf;

• (c) any person appearing to the advocate to whom the request is made to be the patient's carer;

• (d) the patient's donee or deputy;

• (e) a registered social worker who is professionally concerned with the patient's care, treatment or assessment.

• (5) But nothing in this Act prevents the patient from declining to be provided with help under the arrangements.

• (6) In subsection (2) above the reference to a patient who has capacity is to be read in accordance with the Mental Capacity Act 2005.

• (7) In subsection (4) above–

• (a) “carer”, in relation to a Welsh qualifying informal patient, means an individual who provides or intends to provide a substantial amount of care on a regular basis for the patient, but does not include any individual who provides, or intends to provide care by virtue of a contract of employment or other contract with any person or as a volunteer for a body (whether or not incorporated);

• (b) “registered social worker” means a person included in the social worker part ... of the register kept under section 80(1) of the Regulation and Inspection of Social Care (Wales) Act 2016.

• (8) In subsections (2) to (4) above–

• (a) the reference to a donee is to a donee of a lasting power of attorney (within the meaning of section 9 of the Mental Capacity Act 2005) created by the patient, where the donee, in making the decision referred to in subsection (2) or the request referred to in subsection (3) or (4), is acting within the scope of his authority and in accordance with that Act;

• (b) the reference to a deputy is to a deputy appointed for the patient by the Court of Protection under section 16 of that Act, where the deputy, in making the decision referred to in subsection (2) or the request referred to in subsection (3) or (4), is acting within the scope of his authority and in accordance with that Act.

Urgent treatment.

Adult community patients

Review of decisions to withhold correspondence

Restricted patients subject to restriction directions.

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

Application to Scotland.

Duty to give information about independent mental health advocates

Treatment not requiring consent.

Liability for negligence

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

General provisions as to regulations, orders and rules.

Welsh qualifying compulsory patients

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

130I

• (1) This section applies for the purposes of section 130E above.

• (2) A patient is a Welsh qualifying compulsory patient if he is–

• (a) liable to be detained under this Act (other than under section 135 or 136 below) and the hospital or registered establishment in which he is liable to be detained is situated in Wales;

• (b) subject to guardianship under this Act and the area of the responsible local social services authority within the meaning of section 34(3) above is situated in Wales; or

• (c) a community patient and the responsible hospital is situated in Wales.

• (3) A patient is also a Welsh qualifying compulsory patient if the patient is to be regarded as being in Wales for the purposes of this subsection and–

• (a) not being a qualifying patient falling within subsection (2) above, he discusses with a registered medical practitioner or approved clinician the possibility of being given a form of treatment to which section 57 above applies; or

• (b) not having attained the age of 18 years and not being a qualifying patient falling within subsection (2) above, he discusses with a registered medical practitioner or approved clinician the possibility of being given a form of treatment to which section 58A above applies.

• (4) For the purposes of subsection (3), a patient is to be regarded as being in Wales if that has been determined in accordance with arrangements made for the purposes of that subsection and section 130C(3), and published, by the Secretary of State and the Welsh Ministers.

• (5) Where a patient who is a Welsh qualifying compulsory patient falling within subsection (3) above is informed that the treatment concerned is proposed in his case, he remains a qualifying patient falling within that subsection until–

• (a) the proposal is withdrawn; or

• (b) the treatment is completed or discontinued.

130K

• (1) The responsible person in relation to a Welsh qualifying compulsory patient (within the meaning given by section 130I above) shall take such steps as are practicable to ensure that the patient understands–

• (a) that help is available to him from an independent mental health advocate; and

• (b) how he can obtain that help.

• (2) In subsection (1) above, the “ responsible person ” means–

• (a) in relation to a Welsh qualifying compulsory patient falling within section 130I(2)(a) above (other than one also falling within paragraph (b) below), the managers of the hospital or registered establishment in which he is liable to be detained; or

• (b) in relation to a Welsh qualifying compulsory patient falling within section 130I(2)(a) above and conditionally discharged by virtue of section 42(2), 73 or 74 above, the responsible clinician;

• (c) in relation to a Welsh qualifying compulsory patient falling within section 130I(2)(b) above, the responsible local social services authority within the meaning of section 34(3) above;

• (d) in relation to a Welsh qualifying compulsory patient falling within section 130I(2)(c) above, the managers of the responsible hospital;

• (e) in relation to a Welsh qualifying compulsory patient falling within section 130I(3) above, the registered medical practitioner or approved clinician with whom the patient first discusses the possibility of being given the treatment concerned.

• (3) The steps to be taken under subsection (1) above shall be taken–

• (a) where the responsible person falls within subsection (2)(a) above, as soon as practicable after the patient becomes liable to be detained;

• (b) where the responsible person falls within subsection (2)(b) above, as soon as practicable after the conditional discharge;

• (c) where the responsible person falls within subsection (2)(c) above, as soon as practicable after the patient becomes subject to guardianship;

• (d) where the responsible person falls within subsection (2)(d) above, as soon as practicable after the patient becomes a community patient;

• (e) where the responsible person falls within subsection (2)(e) above, while the discussion with the patient is taking place or as soon as practicable thereafter.

• (4) The steps to be taken under subsection (1) above shall include giving the requisite information both orally and in writing.

• (5) The responsible person in relation to a Welsh qualifying compulsory patient falling within section 130I(2) above (other than a patient liable to be detained by virtue of Part 3 of this Act) shall, except where the patient otherwise requests, take such steps as are practicable to furnish any person falling within subsection (6) with a copy of any information given to the patient in writing under subsection (1) above.

• (6) A person falls within this subsection if–

• (a) the person appears to the responsible person to be the patient's nearest relative;

• (b) the person is a donee of a lasting power of attorney (within the meaning of section 9 of the Mental Capacity Act 2005) created by the patient and the scope of the donee's authority includes matters related to the care and treatment of the patient;

• (c) the person is a deputy appointed for the patient by the Court of Protection under section 16 of that Act and the scope of the deputy's authority includes matters related to the care and treatment of the patient.

• (7) The steps to be taken under subsection (5) above shall be taken when the information concerned is given to the patient or within a reasonable time thereafter.

Adult community patients

Child community patients

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

After-care: exception for provision of nursing care

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

Treatment requiring consent or a second opinion.

Independent mental health advocates: Wales

Welsh qualifying compulsory patients

Adult community patients

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

Review of decisions to withhold correspondence

Section 130A: supplemental

General provisions as to regulations, orders and rules.

Application to Scotland.

Arrangements under section 130A

Independent mental health advocates: Wales

130J

• (1) This section applies for the purposes of section 130E above.

• (2) A patient is a Welsh qualifying informal patient if–

• (a) the patient is an in-patient at a hospital or registered establishment situated in Wales;

• (b) the patient is receiving treatment for, or assessment in relation to, mental disorder at the hospital or registered establishment; and

• (c) no application, order, direction or report renders the patient liable to be detained under this Act.

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

130L

• (1) The responsible person in relation to a Welsh qualifying informal patient (within the meaning given by section 130J above) shall take such steps as are practicable to ensure that the patient understands–

• (a) that help is available to him from an independent mental health advocate; and

• (b) how he can obtain that help.

• (2) In subsection (1) above, the “ responsible person ” means the managers of the hospital or registered establishment to which the patient is admitted as an in-patient.

• (3) The steps to be taken under subsection (1) above shall be taken as soon as practicable after the patient becomes an in-patient.

• (4) The steps to be taken under subsection (1) above shall include giving the requisite information both orally and in writing.

• (5) The responsible person in relation to a Welsh qualifying informal patient shall, except where the patient otherwise requests, take such steps as are practicable to furnish any person falling within subsection (6) with a copy of any information given to the patient in writing under subsection (1) above.

• (6) A person falls within this subsection if–

• (a) the person appears to the responsible person to be a carer of the patient;