Mental Health Act 1983

• (3) If it appears to the appropriate national authority, in the case of a community patient, that the conditions mentioned in subsection (4) below are met, the authority may authorise the transfer of responsibility for him to the island in question.

• (4) The conditions are—

• (a) a transfer under subsection (3) above is in the patient's interests; and

• (b) arrangements have been made for dealing with him under the relevant enactments.

• (5) But the authority may not act under subsection (3) above while the patient is recalled to hospital under section 17E above.

• (6) In this section, “the appropriate national authority” means—

• (a) in relation to a community patient in respect of whom the responsible hospital is in England, the Secretary of State;

• (b) in relation to a community patient in respect of whom the responsible hospital is in Wales, the Welsh Ministers.

83A

If it appears to the Secretary of State, in the case of a patient who—

• (a) is subject to a restriction order or restriction direction under section 41 or 49 above; and

• (b) has been conditionally discharged under section 42 or 73 above,

that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the authority exercising corresponding functions in any of the Channel Islands or in the Isle of Man, transfer responsibility for the patient to that authority.

85ZA

• (1) This section shall have effect if there are in force in any of the Channel Islands or the Isle of Man enactments (“relevant enactments”) corresponding or similar to those relating to community patients in this Act.

• (2) If responsibility for a patient is transferred to England and Wales under a provision corresponding to section 83ZA(3) above, he shall be treated as if on the date of his arrival at the place where he is to reside in England or Wales—

• (a) he had been admitted to the hospital in pursuance of an application made, or an order or direction made or given, on that date under the enactment in force in England and Wales which most closely corresponds to the relevant enactments; and

• (b) a community treatment order had then been made discharging him from the hospital.

• (3) “The responsible hospital”, in his case, means the hospital to which he is treated as having been admitted by virtue of subsection (2) above, subject to section 19A above.

• (4) As soon as practicable after the patient's arrival at the place where he is to reside in England or Wales, the responsible clinician shall specify the conditions to which he is to be subject for the purposes of section 17B(1) above, and the conditions shall be deemed to be specified in the community treatment order.

• (5) But the responsible clinician may only specify conditions under subsection (4) above which an approved mental health professional agrees should be specified.

85A

• (1) This section applies to any patient responsibility for whom is transferred to the Secretary of State by the authority exercising corresponding functions in any of the Channel Islands or the Isle of Man under a provision corresponding to section 83A above.

• (2) The patient shall be treated—

• (a) as if on the date of the transfer he had been conditionally discharged under section 42 or 73 above; and

• (b) as if he were subject to a hospital order under section 37 above and a restriction order under section 41 above, or to a hospital direction and a limitation direction under section 45A above, or to a transfer direction under section 47 above and a restriction direction under section 49 above.

• (3) Where the patient was immediately before the transfer subject to an order or direction restricting his discharge, being an order or direction of limited duration, the restriction order , limitation direction or restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order or direction would have expired if the transfer had not been made.

114A

• (1) The Social Care Wales may, in accordance with rules made by it, approve courses for persons who are, or wish to become, approved to act as approved mental health professionals by a local social services authority whose area is in Wales.

• (2) For that purpose—

• (a) subsections (2), (3), (4)(a) and (7) of section 114 of the Regulation and Inspection of Social Care (Wales) Act 2016 apply as they apply to approvals given, rules made and courses approved under that section, and

• (b) sections 73 to 75 and section 115 of that Act apply accordingly.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The functions of an approved mental health professional shall not be considered to be relevant social work for the purposes of Parts 3 to 8 of the Regulation and Inspection of Social Care (Wales) Act 2016 .

• (5) The ... Social Care Wales may also carry out, or assist other persons in carrying out, research into matters relevant to training for approved mental health professionals.

120A

• (1) The regulatory authority may publish a report of a review or investigation carried out by it under section 120(1).

• (2) The Secretary of State may by regulations make provision as to the procedure to be followed in respect of the making of representations to the Care Quality Commission before the publication of a report by the Commission under subsection (1).

• (3) The Secretary of State must consult the Care Quality Commission before making any such regulations.

• (4) The Welsh Ministers may by regulations make provision as to the procedure to be followed in respect of the making of representations to them before the publication of a report by them under subsection (1).

120B

• (1) The regulatory authority may direct a person mentioned in subsection (2) to publish a statement as to the action the person proposes to take as a result of a review or investigation under section 120(1).

• (2) The persons are—

• (a) the managers of a hospital within the meaning of Part 2 of this Act;

• (b) a local social services authority;

• (c) persons of any other description prescribed in regulations.

• (3) Regulations may make further provision about the content and publication of statements under this section.

• (4) “Regulations” means regulations made—

• (a) by the Secretary of State, in relation to England;

• (b) by the Welsh Ministers, in relation to Wales.

120C

• (1) This section applies to the following persons—

• (a) the managers of a hospital within the meaning of Part 2 of this Act;

• (b) a local social services authority;

• (c) persons of any other description prescribed in regulations.

• (2) A person to whom this section applies must provide the regulatory authority with such information as the authority may reasonably request for or in connection with the exercise of its functions under section 120.

• (3) A person to whom this section applies must provide a person authorised under section 120 with such information as the person so authorised may reasonably request for or in connection with the exercise of functions under arrangements made under that section.

• (4) This section is in addition to the requirements of section 120(7)(c).

• (5) “Information” includes documents and records.

• (6) “Regulations” means regulations made—

• (a) by the Secretary of State, in relation to England;

• (b) by the Welsh Ministers, in relation to Wales.

120D

• (1) The regulatory authority must publish an annual report on its activities in the exercise of its functions under this Act.

• (2) The report must be published as soon as possible after the end of each financial year.

• (3) The Care Quality Commission must send a copy of its annual report to the Secretary of State who must lay the copy before Parliament.

• (4) The Welsh Ministers must lay a copy of their annual report before the National Assembly for Wales.

• (5) In this section “financial year” means—

• (a) the period beginning with the date on which section 52 of the Health and Social Care Act 2008 comes into force and ending with the next 31 March following that date, and

• (b) each successive period of 12 months ending with 31 March.

130A

• (1) A local social services authority whose area is in England shall make such arrangements as it considers reasonable to enable persons (“independent mental health advocates”) to be available to help qualifying patients for whom the authority is responsible for the purposes of this section.

• (2) The Secretary of State 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, a local social services authority 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 is professionally concerned with the patient's medical treatment.

• (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—

• (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.

130B

• (1) The help available to a qualifying patient under arrangements under section 130A above shall include help in obtaining information about and understanding—

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

• (b) help (by way of representation or otherwise) in exercising those rights.

• (3) For the purpose of providing help to a patient in accordance with the arrangements, an independent mental health advocate may—

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

• (b) visit and interview any person who is professionally concerned with his medical treatment;

• (c) require the production of and inspect any records relating to his detention or treatment 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.

• (4) But an independent mental health advocate is not entitled to the production of, or to inspect, records in reliance on subsection (3)(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 130A above, considers that—

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

• (ii) the production or inspection is appropriate.

• (5) For the purpose of providing help to a 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 person (if any) appearing to the advocate to be the patient's nearest relative;

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

• (c) an approved mental health professional.

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

• (7) In subsection (4) above—

• (a) the reference to a patient who has capacity is to be read in accordance with the Mental Capacity Act 2005;

• (b) the reference to a donee is to a donee of a lasting power of attorney (within the meaning of section 9 of that Act) created by the patient, where the donee is acting within the scope of his authority and in accordance with that Act;

• (c) 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 is acting within the scope of his authority and in accordance with that Act.

130C

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

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

• (a) liable to be detained under this Act (otherwise than by virtue of section 4 or 5(2) or (4) above or section 135 or 136 below) and the hospital or registered establishment in which he is liable to be detained is situated in England;

• (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 England;

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

• (3) A patient is also a qualifying patient if the patient is to be regarded as being in England 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.

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

• (4) Where a patient who is a qualifying 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.

• (4A) A local social services authority is responsible for a qualifying patient if—

• (a) in the case of a qualifying patient falling within subsection (2)(a) above, the hospital or registered establishment in which he is liable to be detained is situated in that authority's area;

• (b) in the case of a qualifying patient falling within subsection (2)(b) above, that authority is the responsible local social services authority within the meaning of section 34(3) above;

• (c) in the case of a qualifying patient falling within subsection (2)(c), the responsible hospital is situated in that authority's area;

• (d) in the case of a qualifying patient falling within subsection (3)—

• (i) in a case where the patient has capacity or is competent to do so, he nominates that authority as responsible for him for the purposes of section 130A above, or

• (ii) in any other case, a donee or deputy or the Court of Protection, or a person engaged in caring for the patient or interested in his welfare, nominates that authority on his behalf as responsible for him for the purposes of that section.

• (4B) In subsection (4A)(d) above—

• (a) the reference to a patient who has capacity is to be read in accordance with the Mental Capacity Act 2005;

• (b) the reference to a donee is to a donee of a lasting power of attorney (within the meaning of section 9 of that Act) created by the patient, where the donee is acting within the scope of his authority and in accordance with that Act;

• (c) 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 is acting within the scope of his authority and in accordance with that Act.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

130D

• (1) The responsible person in relation to a qualifying patient (within the meaning given by section 130C 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 qualifying patient falling within section 130C(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;

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

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

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

• (e) in relation to a qualifying patient falling within section 130C(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 qualifying patient falling within section 130C(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 the person (if any) appearing to the responsible person to be the patient's nearest relative with a copy of any information given to the patient in writing under subsection (1) above.

• (6) 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.

131A

• (1) This section applies in respect of any patient who has not attained the age of 18 years and who—

• (a) is liable to be detained in a hospital under this Act; or

• (b) is admitted to, or remains in, a hospital in pursuance of such arrangements as are mentioned in section 131(1) above.

• (2) The managers of the hospital shall ensure that the patient's environment in the hospital is suitable having regard to his age (subject to his needs).

• (3) For the purpose of deciding how to fulfil the duty under subsection (2) above, the managers shall consult a person who appears to them to have knowledge or experience of cases involving patients who have not attained the age of 18 years which makes him suitable to be consulted.

• (4) In this section, “ hospital ” includes a registered establishment.

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

132A

• (1) The managers of the responsible hospital shall take such steps as are practicable to ensure that a community patient understands—

• (a) the effect of the provisions of this Act applying to community patients; and

• (b) what rights of applying to a tribunal are available to him in that capacity;

and those steps shall be taken as soon as practicable after the patient becomes a community patient.

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

• (3) The managers of the responsible hospital shall, except where the community patient otherwise requests, take such steps as are practicable to furnish the person (if any) appearing to them to be his nearest relative with a copy of any information given to him in writing under subsection (1) above; and those steps shall be taken when the information is given to the patient or within a reasonable time thereafter.

134A

• (1) The regulatory authority must review any decision to withhold a postal packet (or anything contained in it) under subsection (1)(b) or (2) of section 134 if an application for a review of the decision is made—

• (a) in a case under subsection (1)(b) of that section, by the patient; or

• (b) in a case under subsection (2) of that section, either by the patient or by the person by whom the postal packet was sent.

• (2) An application under subsection (1) must be made within 6 months of receipt by the applicant of the notice referred to in section 134(6).

• (3) On an application under subsection (1), the regulatory authority may direct that the postal packet (or anything contained in it) is not to be withheld.

• (4) The managers of the hospital concerned must comply with any such direction.

• (5) The Secretary of State may by regulations make provision in connection with the making to and determination by the Care Quality Commission of applications under subsection (1), including provision for the production to the Commission of any postal packet which is the subject of such an application.

• (6) The Welsh Ministers may by regulations make provision in connection with the making to them of applications under subsection (1), including provision for the production to them of any postal packet which is the subject of such an application.

142A

The Secretary of State jointly with the Welsh Ministers may by regulations make provision as to the circumstances in which—

• (a) a practitioner approved for the purposes of section 12 above, or

• (b) a person approved to act as an approved clinician for the purposes of this Act,

approved in relation to England is to be treated, by virtue of his approval, as approved in relation to Wales too, and vice versa.

142B

• (1) The constitution of an NHS foundation trust may not provide for a function under this Act to be delegated otherwise than in accordance with provision made by or under this Act.

• (2) Paragraph 15(3) of Schedule 7 to the National Health Service Act 2006 (which provides that the powers of a public benefit corporation may be delegated to a committee of directors or to an executive director) shall have effect subject to this section.

Treatment requiring consent or a second opinion.

2A

In section 17D(2)(a) for the reference to section 6(2) above there shall be substituted a reference to section 40(1)(b) below.

2B

In section 17G—

• (a) in subsection (2) for the reference to section 6(2) above there shall be substituted a reference to section 40(1)(b) below;

• (b) in subsection (4) for paragraphs (a) and (b) there shall be substituted the words the order or direction under Part 3 of this Act in respect of him were an order or direction for his admission or removal to that other hospital; and

• (c) in subsection (5) for the words from “the patient” to the end there shall be substituted the words the date of the relevant order or direction under Part 3 of this Act were the date on which the community treatment order is revoked.

5A

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

6A

In section 20B(1), for the reference to the application for admission for treatment there shall be substituted a reference to the order or direction under Part 3 of this Act by virtue of which the patient is liable to be detained.

8A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

In section 68—

• (a) in subsection (1) paragraph (a) shall be omitted; and

• (b) subsections (2) to (5) shall apply if the patient falls within paragraph (e) of subsection (1), but not otherwise.

1A

As part of the selection process for an appointment under paragraph 1(b) or (c) the Judicial Appointments Commission shall consult the Secretary of State.

2A

A member of the Mental Health Review Tribunal for Wales shall vacate office on the day on which he attains the age of 75.

Editorial notes