LegalizeReform history
Mental Health Act 1983
74 versions
· 1983-05-09
2026-04-06
Mental Health Act 1983
2026-04-01
Mental Health Act 1983
2026-02-18
Mental Health Act 1983
2026-01-22
Mental Health Act 1983
2026-01-01
Mental Health Act 1983
2025-03-25
Mental Health Act 1983
2024-04-17
Mental Health Act 1983
2022-06-28
Mental Health Act 1983
2022-03-25
Mental Health Act 1983
2022-03-10
Mental Health Act 1983
2021-06-29
Mental Health Act 1983
Changes on 2021-06-29
@@ -972,11 +972,13 @@
- (1) Where a person is convicted before the Crown Court of an offence punishable with imprisonment other than an offence the sentence for which is fixed by law,. . . , or is convicted by a magistrates’ court of an offence punishable on summary conviction with imprisonment, and the conditions mentioned in subsection (2) below are satisfied, the court may by order authorise his admission to and detention in such hospital as may be specified in the order or, as the case may be, place him under the guardianship of a local social services authority or of such other person approved by a local social services authority as may be so specified.
- (1A) In the case of an offence the sentence for which would otherwise fall to be imposed under section 258, 273, 274, 283 or 285 of the Sentencing Code or under Chapter 7 of Part 10 of that Code, nothing in those provisions shall prevent a court from making an order under subsection (1) above for the admission of the offender to a hospital.
- (1A) In the case of an offence the sentence for which would otherwise fall to be imposed under section 258, 268A, 273, 274, 282A, 283 or 285 of the Sentencing Code or under Chapter 7 of Part 10 of that Code, nothing in those provisions shall prevent a court from making an order under subsection (1) above for the admission of the offender to a hospital.
- (1B) For the purposes of subsection (1A) above—
- (a) a sentence falls to be imposed under section 258 of the Sentencing Code if the court is obliged by that section to pass a sentence of detention for life under section 250 of that Code;
- (aa) a sentence falls to be imposed under section 268A or 282A of that Code if it is required by section 268B(2) or 282B(2) of that Code and the court is not of the opinion there mentioned;
- (b) a sentence falls to be imposed under section 273 or 274 of that Code if the court is obliged by that section to pass a sentence of custody for life;
@@ -4368,7 +4370,7 @@
#### Application of Act: “mental disorder”.
#### Admission for treatment.
#### Admission for assessment.
##### 12A
@@ -4800,7 +4802,7 @@
- (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Duty of approved mental health professionals to make applications for admission or guardianship.
#### Rectification of applications and recommendations.
##### 45B
@@ -8292,6 +8294,10 @@
[^key-a104ab4fdfaf8a241d7d60300dac5368]: Words in [s. 43(4)](https://www.legislation.gov.uk/ukpga/1983/20/section/43/4) substituted (30.4.2021) by [Counter-Terrorism and Sentencing Act 2021 (c. 11)](https://www.legislation.gov.uk/ukpga/2021/11), [s. 50(1)(i)](https://www.legislation.gov.uk/ukpga/2021/11/section/50/1/i), [Sch. 13 para. 15](https://www.legislation.gov.uk/ukpga/2021/11/schedule/13/paragraph/15)
[^key-8d27279ab543a11518a89640d8ba8896]: Words in [s. 37(1A)](https://www.legislation.gov.uk/ukpga/1983/20/section/37/1A) substituted (29.6.2021) by [Counter-Terrorism and Sentencing Act 2021 (c. 11)](https://www.legislation.gov.uk/ukpga/2021/11), [s. 50(2)(v)](https://www.legislation.gov.uk/ukpga/2021/11/section/50/2/v), [Sch. 13 para. 8(a)](https://www.legislation.gov.uk/ukpga/2021/11/schedule/13/paragraph/8/a)
[^key-681565238a92061f5c9af6de3caeedca]: [S. 37(1B)(aa)](https://www.legislation.gov.uk/ukpga/1983/20/section/37/1B/aa) inserted (29.6.2021) by [Counter-Terrorism and Sentencing Act 2021 (c. 11)](https://www.legislation.gov.uk/ukpga/2021/11), [s. 50(2)(v)](https://www.legislation.gov.uk/ukpga/2021/11/section/50/2/v), [Sch. 13 para. 8(b)](https://www.legislation.gov.uk/ukpga/2021/11/schedule/13/paragraph/8/b)
#### Nearest relative of minor under guardianship, etc.
#### Effect of hospital and limitation directions.
@@ -8308,7 +8314,7 @@
#### Urgent treatment.
#### Supervision applications: supplementary.
#### Requirements to secure receipt of after-care under supervision.
#### References to tribunals by Secretary of State concerning Part II patients.
@@ -8322,7 +8328,7 @@
#### Members of Parliament suffering from mental illness.
#### Discharge and variation of orders under s. 29.
#### Appointment by court of acting nearest relative.
#### Nearest relative of minor under guardianship, etc.
@@ -8342,7 +8348,7 @@
#### Effect of hospital and limitation directions.
#### Further provisions as to prisoners under sentence.
#### Restriction on discharge of prisoners removed to hospital.
#### Treatment not requiring consent.
@@ -8366,7 +8372,7 @@
#### Application to Scotland.
#### Persons ordered to be kept in custody during Her Majesty’s pleasure.
#### Effect of hospital and limitation directions.
##### 130E
@@ -8536,7 +8542,7 @@
#### Review of decisions to withhold correspondence
#### Applications and references concerning conditionally discharged restricted patients.
#### Restricted patients subject to restriction directions.
#### Transfer of responsibility for conditionally discharged patients to England and Wales from Northern Ireland
@@ -8544,7 +8550,7 @@
#### Duty to give information about independent mental health advocates
#### Supplementary provisions for Part IV.
#### Treatment not requiring consent.
#### Liability for negligence
@@ -8554,7 +8560,7 @@
#### Welsh qualifying compulsory patients
#### Remand of accused person to hospital for treatment.
#### Remand to hospital for report on accused’s mental condition.
##### 130I
@@ -8628,9 +8634,9 @@
- (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.
#### Section 64B: supplemental
#### Child community patients lacking competence
#### Adult community patients
#### Child community patients
#### Pay, pensions, etc., of mentally disordered persons.
@@ -8650,7 +8656,7 @@
#### Review of decisions to withhold correspondence
#### Section 130A: supplemental
#### Arrangements under section 130A
#### General provisions as to regulations, orders and rules.
@@ -8808,7 +8814,7 @@
- (4) In this section, “*information*” includes documents and records.
#### Visiting and examination of patients.
#### Restrictions on discharge by nearest relative.
#### Electro-convulsive therapy, etc.
@@ -8894,11 +8900,11 @@
#### Application to Scotland.
#### Regulations for purposes of Part II.
#### Procedure on applications to county court.
#### Restriction on discharge of prisoners removed to hospital.
#### Information as to hospitals.
#### Interim hospital orders.
#### Treatment requiring consent or a second opinion.
@@ -8908,7 +8914,7 @@
#### References to tribunals by Secretary of State concerning Part II patients.
#### Duty of managers of hospitals to refer cases to tribunal.
#### References to tribunals by Secretary of State concerning Part II patients.
#### Restricted patients subject to restriction directions.
@@ -8916,7 +8922,7 @@
#### Removal of patients subject to compulsion in the community from Scotland
#### Appeal from the Mental Health Review Tribunal for Wales to the Upper Tribunal
#### Procedure of Mental Health Review Tribunal for Wales.
#### Removal of patients subject to compulsion in the community from Scotland
@@ -8978,7 +8984,7 @@
#### Application to Scotland.
#### Treatment on recall of community patient or revocation of order
#### Urgent treatment.
#### Effect of hospital and limitation directions.
@@ -9108,29 +9114,29 @@
#### Application to Scotland.
#### Plans of treatment.
#### Factors to be considered in determining whether patient objects to treatment
#### Applications to tribunals concerning restricted patients.
#### Removal of community patients to Northern Ireland
#### Removal or transfer of community patients to Channel Islands or Isle of Man
#### Patients absent from hospitals in the Channel Islands or Isle of Man.
#### Approval of courses: Wales
#### Welfare of certain hospital patients.
#### Code of practice.
#### Electro-convulsive therapy, etc.
#### Liability for negligence
#### Applications to tribunals concerning patients subject to hospital and guardianship orders.
#### Removal of patients to Northern Ireland.
#### Removal of patients to Channel Islands or Isle of Man.
#### Patients absent from hospitals in England and Wales.
#### Approval of courses: England
#### Powers of entry and inspection.
#### After-care: exception for provision of nursing care
#### Duty to give information about independent mental health advocates
#### Arrangements under section 130E for Welsh qualifying compulsory patients
#### Welsh qualifying informal patients
#### Independent mental health advocates: Wales
#### Welsh qualifying compulsory patients
#### Duty to give information about independent mental health advocates to Welsh qualifying informal patients
@@ -9138,10 +9144,10 @@
#### Accommodation, etc. for children
#### Duty of managers of hospitals to give information to community patients
#### Warrant to search for and remove patients.
#### Power to amend local Acts.
#### Application to Northern Ireland.
#### Duty of managers of hospitals to give information to detained patients.
#### Review of decisions to withhold correspondence
#### General provisions as to regulations, orders and rules.
#### Application to Scotland.
2021-04-30
Mental Health Act 1983
2020-12-31
Mental Health Act 1983
2019-12-02
Mental Health Act 1983
2018-05-24
Mental Health Act 1983
2018-04-02
Mental Health Act 1983
2017-01-31
Mental Health Act 1983
2016-04-06
Mental Health Act 1983
2015-04-01
Mental Health Act 1983
2013-04-28
Mental Health Act 1983
2012-04-02
Mental Health Act 1983
2012-03-27
Mental Health Act 1983
2012-01-03
Mental Health Act 1983
2011-10-01
Mental Health Act 1983
2011-02-15
Mental Health Act 1983
2010-10-01
Mental Health Act 1983
2010-04-12
Mental Health Act 1983
2010-04-01
Mental Health Act 1983
2010-01-19
Mental Health Act 1983
2010-01-01
Mental Health Act 1983
2009-10-31
Mental Health Act 1983
2009-10-01
Mental Health Act 1983
2009-06-01
Mental Health Act 1983
2009-04-24
Mental Health Act 1983
2009-04-01
Mental Health Act 1983
2009-03-28
Mental Health Act 1983
2008-11-03
Mental Health Act 1983
2008-10-28
Mental Health Act 1983
2008-07-21
Mental Health Act 1983
2008-07-10
Mental Health Act 1983
2008-04-30
Mental Health Act 1983
2008-04-01
Mental Health Act 1983
2008-01-01
Mental Health Act 1983
2007-12-01
Mental Health Act 1983
2007-10-05
Mental Health Act 1983
2007-10-01
Mental Health Act 1983
2007-05-25
Mental Health Act 1983
2007-05-03
Mental Health Act 1983
2007-04-06
Mental Health Act 1983
2007-04-01
Mental Health Act 1983
2007-03-01
Mental Health Act 1983
2006-04-03
Mental Health Act 1983
2006-04-01
Mental Health Act 1983
2005-12-30
Mental Health Act 1983
2005-12-05
Mental Health Act 1983
2005-10-05
Mental Health Act 1983
2005-09-27
Mental Health Act 1983
2005-06-07
Mental Health Act 1983
2005-05-09
Mental Health Act 1983
2005-04-29
Mental Health Act 1983
2005-04-04
Mental Health Act 1983
2005-04-01
Mental Health Act 1983
2005-03-31
Mental Health Act 1983
2004-07-22
Mental Health Act 1983
2004-07-14
Mental Health Act 1983
2004-05-01
Mental Health Act 1983
2004-04-05
Mental Health Act 1983
2004-04-01
Mental Health Act 1983
2004-01-20
Mental Health Act 1983
2003-10-13
Mental Health Act 1983
2003-09-01
Mental Health Act 1983
2003-02-10
Mental Health Act 1983
2002-10-01
Mental Health Act 1983
1983-05-09
Mental Health Act 1983
original version
Text at this date