Legalize / United Kingdom / Mental Health Act 1983 / History

Reform history

Mental Health Act 1983

74 versions · 1983-05-09

2026-04-06

Mental Health Act 1983

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Changes on 2026-04-06

@@ -4468,7 +4468,7 @@

#### Application of Act: “mental disorder”.

#### Admission for treatment.

#### Admission for assessment.

##### 12A

@@ -4900,7 +4900,7 @@

- (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

#### Rectification of applications and recommendations.

##### 45B

@@ -8480,6 +8480,8 @@

[^key-9520aeeb4c6bc75d1dd918cce9931af0]: Words in [s. 117(2C)(a)(ii)](https://www.legislation.gov.uk/ukpga/1983/20/section/117/2C/a/ii) omitted (W.) (1.4.2026) by virtue of [Health and Social Care (Wales) Act 2025 (asc 1)](https://www.legislation.gov.uk/asc/2025/1), [s. 29(2)](https://www.legislation.gov.uk/asc/2025/1/section/29/2), [Sch. 1 para. 3(a)(ii)](https://www.legislation.gov.uk/asc/2025/1/schedule/1/paragraph/3/a/ii); [S.I. 2025/1257](https://www.legislation.gov.uk/wsi/2025/1257), [art. 3(2)(f)](https://www.legislation.gov.uk/wsi/2025/1257/article/3/2/f)

[^key-030acd26d8c774b7f2cfa0bf9ad870ce]: [S. 142C](https://www.legislation.gov.uk/ukpga/1983/20/section/142C) inserted (6.4.2026) by [Mental Health Act 2025 (c. 33)](https://www.legislation.gov.uk/ukpga/2025/33), [ss. 51](https://www.legislation.gov.uk/ukpga/2025/33/section/51), [56(3)](https://www.legislation.gov.uk/ukpga/2025/33/section/56/3); [S.I. 2026/385](https://www.legislation.gov.uk/uksi/2026/385), [reg. 2(a)](https://www.legislation.gov.uk/uksi/2026/385/regulation/2/a)

#### Nearest relative of minor under guardianship, etc.

#### Effect of hospital and limitation directions.

@@ -8496,7 +8498,7 @@

#### 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.

@@ -8510,7 +8512,7 @@

#### 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.

@@ -8530,7 +8532,7 @@

#### 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.

@@ -8554,7 +8556,7 @@

#### Application to Scotland.

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

#### Effect of hospital and limitation directions.

##### 130E

@@ -8724,7 +8726,7 @@

#### 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

@@ -8732,7 +8734,7 @@

#### Duty to give information about independent mental health advocates

#### Supplementary provisions for Part IV.

#### Treatment not requiring consent.

#### Liability for negligence

@@ -8742,7 +8744,7 @@

#### Welsh qualifying compulsory patients

#### Remand of accused person to hospital for treatment.

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

##### 130I

@@ -8816,9 +8818,9 @@

- (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.

@@ -8996,7 +8998,7 @@

- (4) In this section, “*information*” includes documents and records.

#### Visiting and examination of patients.

#### Restrictions on discharge by nearest relative.

#### Electro-convulsive therapy, etc.

@@ -9062,15 +9064,285 @@

#### Powers of entry and inspection.

#### Code of practice.

#### Section 130A: supplemental

#### Duty to give information about independent mental health advocates

#### Independent mental health advocates: Wales

#### Duty of managers of hospitals to give information to community patients

#### Informal admission of patients.

#### Accommodation, etc. for children

#### Review of decisions to withhold correspondence

#### General provisions as to regulations, orders and rules.

#### Application to Scotland.

#### Procedure on applications to county court.

#### Restriction on discharge of prisoners removed to hospital.

#### Interim hospital orders.

#### Treatment requiring consent or a second opinion.

#### Child community patients

#### Liability for negligence

#### 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

#### Procedure of Mental Health Review Tribunal for Wales.

#### Removal of patients subject to compulsion in the community from Scotland

#### 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.

##### 117A

- (1) The Secretary of State may by regulations provide that where—

- (a) the local social services authority under section 117 is, in discharging its duty under subsection (2) of that section, providing or arranging for the provision of accommodation for the person concerned;

- (b) the person concerned expresses a preference for particular accommodation; and

- (c) any prescribed conditions are met,

the local social services authority must provide or arrange for the provision of the person's preferred accommodation.

- (2) Regulations under this section may provide for the person concerned, or a person of a prescribed description, to pay for some or all of the additional cost in prescribed cases.

- (3) In subsection (2), “ *additional cost* ” means the cost of providing or arranging for the provision of the person's preferred accommodation less the amount that the local social services authority would expect to be the usual cost of providing or arranging for the provision of accommodation of that kind.

- (4) The power to make regulations under this section—

- (a) is exercisable only in relation to local social services authorities in England;

- (b) includes power to make different provision for different cases or areas.

##### 117B

- (1) Section 117 does not authorise or require a local social services authority ..., in or in connection with the provision of services under that section, to provide or arrange for the provision of nursing care by a registered nurse.

- (2) In this section “nursing care by a registered nurse” means a service provided by a registered nurse involving—

- (a) the provision of care, or

- (b) the planning, supervision or delegation of the provision of care,

other than a service which, having regard to its nature and the circumstances in which it is provided, does not need to be provided by a registered nurse.

#### After-care: preference for particular accommodation

#### Duty to give information about independent mental health advocates

#### Welsh qualifying compulsory patients

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

#### 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.

#### Urgent treatment.

#### Effect of hospital and limitation directions.

#### Treatment requiring consent or a second opinion.

#### Child community patients

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

#### Restricted patients subject to restriction directions.

#### 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

#### Duty to give information about independent mental health advocates

#### Arrangements under section 130A

#### Independent mental health advocates: Wales

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

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

#### Informal admission of patients.

#### Accommodation, etc. for children

#### Duty of managers of hospitals to give information to community patients

#### Power to amend local Acts.

#### Application to Northern Ireland.

##### 136A

- (1) A child may not, in the exercise of a power to which this section applies, be removed to, kept at or taken to a place of safety that is a police station.

- (2) The Secretary of State may by regulations—

- (a) provide that an adult may be removed to, kept at or taken to a place of safety that is a police station, in the exercise of a power to which this section applies, only in circumstances specified in the regulations;

- (b) make provision about how adults removed to, kept at or taken to a police station, in the exercise of a power to which this section applies, are to be treated while at the police station, including provision for review of their detention.

- (3) Regulations under this section—

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

- (b) may make provision that applies subject to specified exceptions;

- (c) may include incidental, supplementary or consequential provision or transitional, transitory or saving provision.

- (4) The powers to which this section applies are—

- (a) the power to remove a person to a place of safety under a warrant issued under section 135(1);

- (b) the power to take a person to a place of safety under section 135(3A);

- (c) the power to remove a person to, or to keep a person at, a place of safety under section 136(1);

- (d) the power to take a person to a place of safety under section 136(3).

- (5) In this section—

- (a) “child” means a person aged under 18;

- (b) “adult” means a person aged 18 or over.

##### 136B

- (1) The registered medical practitioner who is responsible for the examination of a person detained under section 135 or 136 may, at any time before the expiry of the period of 24 hours mentioned in section 135(3ZA) or (as the case may be) 136(2A), authorise the detention of the person for a further period not exceeding 12 hours (beginning immediately at the end of the period of 24 hours).

- (2) An authorisation under subsection (1) may be given only if the registered medical practitioner considers that the extension is necessary because the condition of the person detained is such that it would not be practicable for the assessment of the person for the purpose of section 135 or (as the case may be) section 136 to be carried out before the end of the period of 24 hours (or, if the assessment began within that period, for it to be completed before the end).

- (3) If the person is detained at a police station, and the assessment would be carried out or completed at the station, the registered medical practitioner may give an authorisation under subsection (1) only if an officer of the rank of superintendent or above approves it.

##### 136C

- (1) Where a warrant is issued under section 135(1) or (2), a constable may search the person to whom the warrant relates if the constable has reasonable grounds for believing that the person—

- (a) may present a danger to himself or herself or to others, and

- (b) is concealing on his or her person an item that could be used to cause physical injury to himself or herself or to others.

- (2) The power to search conferred by subsection (1) may be exercised—

- (a) in a case where a warrant is issued under section 135(1), at any time during the period beginning with the time when a constable enters the premises specified in the warrant and ending when the person ceases to be detained under section 135;

- (b) in a case where a warrant is issued under section 135(2), at any time while the person is being removed under the authority of the warrant.

- (3) Where a person is detained under section 136(2) or (4), a constable may search the person, at any time while the person is so detained, if the constable has reasonable grounds for believing that the person—

- (a) may present a danger to himself or herself or to others, and

- (b) is concealing on his or her person an item that could be used to cause physical injury to himself or herself or to others.

- (4) The power to search conferred by subsection (1) or (3) is only a power to search to the extent that is reasonably required for the purpose of discovering the item that the constable believes the person to be concealing.

- (5) The power to search conferred by subsection (1) or (3)—

- (a) does not authorise a constable to require a person to remove any of his or her clothing other than an outer coat, jacket or gloves, but

- (b) does authorise a search of a person’s mouth.

- (6) A constable searching a person in the exercise of the power to search conferred by subsection (1) or (3) may seize and retain anything found, if he or she has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or herself or to others.

- (7) The power to search a person conferred by subsection (1) or (3) does not affect any other power to search the person.

#### Welsh qualifying compulsory patients

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

#### Informal admission of patients.

#### Accommodation, etc. for children

#### 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.

#### 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.

#### Code of practice.

#### Duty to give information about independent mental health advocates

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

#### Welsh qualifying informal patients

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

#### Informal admission of patients.

#### 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.

#### After-care: preference for particular accommodation

#### After-care: exception for provision of nursing care

#### Arrangements under section 130A

#### Duty to give information about independent mental health advocates

#### Arrangements under section 130E for Welsh qualifying compulsory patients

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

#### Independent mental health advocates: Wales

#### Informal admission of patients.

@@ -9082,288 +9354,40 @@

#### Application to Scotland.

#### Regulations for purposes of Part II.

#### Restriction on discharge of prisoners removed to hospital.

#### Information as to hospitals.

#### Treatment requiring consent or a second opinion.

#### Child community patients

#### Liability for negligence

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

#### Duty of managers of hospitals to refer cases to tribunal.

#### 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

#### Appeal from the Mental Health Review Tribunal for Wales to the Upper Tribunal

#### Removal of patients subject to compulsion in the community from Scotland

#### 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.

##### 117A

- (1) The Secretary of State may by regulations provide that where—

- (b) the person concerned expresses a preference for particular accommodation; and

- (c) any prescribed conditions are met,

the local social services authority must provide or arrange for the provision of the person's preferred accommodation.

- (2) Regulations under this section may provide for the person concerned, or a person of a prescribed description, to pay for some or all of the additional cost in prescribed cases.

- (4) The power to make regulations under this section—

- (a) is exercisable only in relation to local social services authorities in England;

- (b) includes power to make different provision for different cases or areas.

##### 117B

- (2) In this section “nursing care by a registered nurse” means a service provided by a registered nurse involving—

- (a) the provision of care, or

- (b) the planning, supervision or delegation of the provision of care,

other than a service which, having regard to its nature and the circumstances in which it is provided, does not need to be provided by a registered nurse.

#### After-care: preference for particular accommodation

#### Duty to give information about independent mental health advocates

#### Welsh qualifying compulsory patients

#### Welsh qualifying informal patients

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

#### 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.

#### Treatment on recall of community patient or revocation of order

#### Effect of hospital and limitation directions.

#### Treatment requiring consent or a second opinion.

#### Child community patients

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

#### Restricted patients subject to restriction directions.

#### 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

#### Duty to give information about independent mental health advocates

#### Arrangements under section 130A

#### Independent mental health advocates: Wales

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

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

#### Informal admission of patients.

#### Accommodation, etc. for children

#### Duty of managers of hospitals to give information to community patients

#### Power to amend local Acts.

#### Warrant to search for and remove patients.

#### Human Rights Act 1998: extension to certain private care providers