Mental Health Act 2025
- (4) A statutory instrument containing (alone or with other provision) regulations under this section that amend or repeal provision made by primary legislation may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
- (5) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
Power of Welsh Ministers to make consequential provision
54
- (1) The Welsh Ministers may by regulations made by statutory instrument make provision that is consequential on this Act.
- (2) The only provision that may be made by virtue of this section is provision that would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.
- (3) Regulations under this section may amend, repeal or revoke provision made by or under primary legislation passed—
- (a) before this Act, or
- (b) later in the same session of Parliament as this Act.
- (4) In this section “primary legislation” means—
- (a) an Act, or
- (b) an Act or Measure of Senedd Cymru.
- (5) A statutory instrument containing (alone or with other provision) regulations under this section that amend or repeal provision made by primary legislation may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.
- (6) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of Senedd Cymru.
Extent
55
- (1) An amendment or repeal made by this Act has the same extent as the provision amended or repealed subject to subsection (2).
- (2) Section 51, section 53, this section and sections 56 and 57 extend to England and Wales, Scotland and Northern Ireland.
Commencement
56
- (1) Sections 30(2), 32, 35, 36(1) and (3)(b), 38 and 39 come into force at the end of the period of two months beginning with the day on which this Act is passed.
- (2) Sections 53 to 55, this section and section 57 come into force on the day on which this Act is passed.
- (3) Except as mentioned in subsections (1) and (2), this Act comes into force on such day as the Secretary of State may by regulations appoint.
- (4) Regulations under this section are to be made by statutory instrument.
- (5) Different days may be appointed under subsection (3) for different purposes.
- (6) The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.
- (7) The power to make regulations under subsection (6) includes power to make different provision for different purposes.
- (8) Transitional and savings made by regulations under subsection (6) are additional, and without prejudice, to those made by any other provision of this Act.
Short title
57
This Act may be cited as the Mental Health Act 2025.
Schedule 1
Amendments of Part 2 of the Mental Health Act 1983
1
Part 2 of the Mental Health Act 1983 (compulsory admission to hospital and guardianship) is amended as follows.
2
In section 3 (admission for treatment), in subsection (2), for paragraph (a) substitute—
(a) the patient is suffering from psychiatric disorder of a nature or degree which makes it appropriate for the patient to receive medical treatment in a hospital,
.
3
In section 7 (application for guardianship), in subsection (2), for paragraph (a) substitute—
(a) the patient is suffering from— (i) psychiatric disorder, (ii) autism, or (iii) learning disability which has serious behavioural consequences, of a nature or degree which warrants the patient’s reception into guardianship under this section, and
.
4
- (1) Section 17A (community treatment orders) is amended as follows.
- (2) In subsection (5), for paragraph (a) substitute—
(a) the patient is suffering from psychiatric disorder of a nature or degree which makes it appropriate for the patient to receive medical treatment,
.
- (3) In subsection (6), for “mental”, in both places it occurs, substitute “psychiatric”.
5
In section 17E (power to recall community patient to hospital), in subsection (1)(a), for “mental” substitute “psychiatric”.
6
- (1) Section 20 (renewal of authority in relation to admission for treatment and guardianship) is amended as follows.
- (2) In subsection (4) (admission for treatment), for paragraph (a) substitute—
(a) the patient is suffering from psychiatric disorder of a nature or degree which makes it appropriate for the patient to receive medical treatment in a hospital,
.
- (3) In subsection (7) (guardianship), for paragraph (a) substitute—
(a) the patient is suffering from— (i) psychiatric disorder, (ii) autism, or (iii) learning disability which has serious behavioural consequences, of a nature or degree which warrants the patient’s reception into guardianship, and
.
Amendments of Part 3 of the Mental Health Act 1983
7
Part 3 of the Mental Health Act 1983 (patients concerned in criminal proceedings or under sentence) is amended as follows.
8
Before the italic heading before section 35 insert—
(34A) In this Part “relevant disorder” means— (a) psychiatric disorder, (b) autism, or (c) learning disability which has serious behavioural consequences.
9
In the following places, for “mental” substitute “relevant”—
- section 35(3)(a) (remand to hospital for report);
- section 36(1)(a) (remand to hospital for treatment);
- section 37(2)(a) (orders for hospital admission or guardianship), in each place it occurs;
- section 38(1)(a) and (b) (interim hospital orders);
- section 45A(2)(a) and (b) (conditions on hospital admission);
- section 47(1)(a) and (b) (removal to hospital of prisoners under sentence, etc);
- section 48(1)(a) (removal to hospital of other prisoners);
- section 50(1) (sentenced prisoners: power to remit or release);
- section 51(3)(a), (4)(a) and (6)(a) (detainees: powers to remit or release);
- section 52(5)(a) (accused persons: magistrates’ court’s power);
- section 53(2)(a) (civil prisoners and immigration detainees).
10
In section 55 (interpretation)—
- (a) in subsection (1), at the appropriate place insert—
- “relevant disorder” has the meaning given by section 34A;
;
- (b) in subsection (4), after “69(1)” insert “or 72(1ZA)”.
11
- (1) In Schedule 1 (application of certain provisions to patients subject to hospital and guardianship orders), Part 1 (patients not subject to special restrictions) is amended as follows.
- (2) In paragraph 1—
- (a) for “to 17C, 17E, 17F,” substitute “, 17B, 17C,”;
- (b) omit “20A,”.
- (3) In paragraph 2—
- (a) for “17D, 17G,” substitute “17A, 17D to 17G,”;
- (b) for “2A” substitute “2ZA”;
- (c) omit “20,”.
- (4) After paragraph 2 insert—
(2ZA) In section 17A— (a) in subsection (5)(a), for “psychiatric disorder” there is to be substituted “relevant disorder (within the meaning given by section 34A)”; (b) in subsection (6), for “psychiatric disorder”, in both places it occurs, there is to be substituted “relevant disorder (within the meaning given by section 34A)”. (2ZB) In section 17E, in subsection (1)(a), for “psychiatric disorder” there is to be substituted “relevant disorder (within the meaning given by section 34A)”.
- (5) After paragraph 2A insert—
(2AA) In section 17F, after subsection (4) there is to be inserted— (4A) Section 3(2) as it applies for the purposes of subsection (4)(a) is to be read as if the reference to psychiatric disorder were a reference to relevant disorder (within the meaning given by section 34A).
- (6) In paragraph 5B (as inserted by section 29 of this Act), after sub-paragraph (2) insert—
(3) In section 20(4)(a), for “psychiatric disorder” there is to be substituted “relevant disorder (within the meaning given by section 34A)”.
- (7) In paragraph 5C (as inserted by section 29 of this Act), after sub-paragraph (3) insert—
(4) In section 20(4)(a), for “psychiatric disorder” there is to be substituted “relevant disorder (within the meaning given by section 34A)”.
- (8) In paragraph 5D (as inserted by section 29 of this Act), after sub-paragraph (2) insert—
(3) In section 20(4)(a), for “psychiatric disorder” there is to be substituted “relevant disorder (within the meaning given by section 34A)”.
- (9) In paragraph 6 (as substituted by section 29 of this Act), after sub-paragraph (3) insert—
(4) In section 20(4)(a), for “psychiatric disorder” there is to be substituted “relevant disorder (within the meaning given by section 34A)”.
- (10) After paragraph 6 insert—
(6ZA) In section 20A, after subsection (10) there is to be inserted— (11) Section 17A(5) as it applies for the purposes of subsection (4)(b) is to be read as if the reference to psychiatric disorder were a reference to relevant disorder (within the meaning given by section 34A).
Amendments of Part 4 of the Mental Health Act 1983
12
Part 4 of the Mental Health Act 1983 (consent to treatment) is amended as follows.
13
In section 56 (patients to whom Part 4 applies)—
- (a) for the heading substitute “Application of Part 4: patients and disorders”;
- (b) after subsection (5) insert—
(6) In this Part “relevant disorder”— (a) in relation to— (i) a patient falling within subsection (3) where the patient is liable to be detained by virtue of section 3, (ii) a patient falling within subsection (3), where the patient is liable to be detained by virtue of section 20(4), otherwise than as that provision applies by virtue of Part 1 of Schedule 1, or (iii) a patient falling within subsection (4), means psychiatric disorder; (b) in relation to any other patient, means mental disorder.
14
In the following places, for “mental”, substitute “relevant”—
- section 58(1)(b) (administration of medicine requiring consent or a second opinion);
- section 63 (treatment not requiring consent).
Amendments of Part 4A of the Mental Health Act 1983
15
In Part 4A of the Mental Health Act 1983 (treatment of community patients not recalled to hospital), for section 64A substitute—
(64A) (1) In this Part of this Act “relevant treatment”— (a) in relation to a Part 3 community patient, means medical treatment which— (i) is for the relevant disorder from which the patient is suffering, and (ii) is not a form of treatment to which section 57 applies, and (b) in relation to any other community patient, means medical treatment which— (i) is for the psychiatric disorder from which the patient is suffering, and (ii) is not a form of treatment to which section 57 applies. (2) In subsection (1)(a)— - “Part 3 community patient” means a person who is a community patient by virtue of a community treatment order under section 17A as applied by Part 1 of Schedule 1; - “relevant disorder” has the meaning given by section 34A.
Amendments of Part 5 of the Mental Health Act 1983
16
Part 5 of the Mental Health Act 1983 (tribunals) is amended as follows.
17
- (1) Section 72 (grounds for discharge by tribunal) is amended as follows.
- (2) After subsection (1) insert—
(1ZA) In relation to a patient admitted to hospital in pursuance of a hospital order (see section 55(4)), section 20(4) is to be read, for the purposes of subsection (1)(b), as if the reference to psychiatric disorder were a reference to relevant disorder (within the meaning given by section 34A).
- (3) In subsection (1A), for “mental”, in both places it occurs, substitute “psychiatric”.
- (4) After subsection (1A) insert—
(1B) In relation to a person who is a community patient by virtue of a community treatment order under section 17A as applied by Part 1 of Schedule 1— (a) for the purposes of subsection (1)(c), section 17A(5) is to be read as if the reference to psychiatric disorder were a reference to relevant disorder (within the meaning given by section 34A), and (b) subsection (1A) is to be read as if the references to psychiatric disorder were references to relevant disorder (within the meaning given by section 34A).
- (5) In subsection (4) (guardianship), in paragraph (a), for “mental disorder” substitute—
(i) psychiatric disorder, (ii) autism, or (iii) learning disability which has serious behavioural consequences
.
18
In section 73 (power to discharge restricted patients), after subsection (8) insert—
(9) Subsection (4) of section 20 is to be read, for the purposes of this section, as if the reference to psychiatric disorder in paragraph (a) of that subsection were a reference to relevant disorder (within the meaning given by section 34A).
19
In section 74 (restricted patients subject to restriction directions), in subsection (6), for “(8)” substitute “(9)”.
Transitory modifications of the Mental Health Act 1983
20
Pending the coming into force of section 6(3)(b) of this Act, section 20A(6)(a) of the Mental Health Act 1983 is to be read as if—
- (a) in relation to a patient admitted to hospital in pursuance of a hospital order (read in accordance with section 55(4) of the Mental Health Act 1983), as if for “mental” there were substituted “relevant”;
- (b) in relation to any other patient, for “mental” there were substituted “psychiatric”.
21
- (1) Pending the coming into force of section 7(2) of this Act, section 72(1)(b) and (c) and (1A) of the Mental Health Act 1983 are to be read—
- (a) in relation to a patient admitted to hospital in pursuance of a hospital order (read in accordance with section 55(4) of the Mental Health Act 1983) or a Part 3 community patient, as if, for “mental”, in each place it occurs, there were substituted “relevant”;
- (b) in relation to any other patient as if for “mental”, in each place it occurs, there were substituted “psychiatric”.
- (2) In sub-paragraph (1)(a) “Part 3 community patient” means a person who is a community patient by virtue of a community treatment order under section 17A as applied by Part 1 of Schedule 1 to the Mental Health Act 1983.
22
Pending the coming into force of section 7(3) of this Act, section 72(1)(b) of the Mental Health Act 1983 is to be read, for the purposes of section 73 of that Act, as modified by paragraph 21(1)(a) of this Schedule.
23
Pending the coming into force of section 8(8) of this Act, section 64(3) of the Mental Health Act 1983 is to be read as if for “mental” there were substituted “relevant”.
24
Pending the coming into force of section 13(3)(b) of this Act, section 58(1) of the Mental Health Act 1983 is to be read as if, in the words before paragraph (a), for “mental”, there were substituted “relevant”.
25
Pending the coming into force of section 29(5)(d) and (e) of this Act, section 20 of the Mental Health Act 1983 is to be read as if for “psychiatric” there were substituted “relevant”.
Schedule 2
Part 1 — Appointment etc
1
The Mental Health Act 1983 is amended as follows.
2
Before section 31 and the italic heading before that section insert—
(30A) Schedule A1— (a) confers power to appoint a nominated person for a patient for the purposes of this Act, and (b) makes provision about the duration of an appointment of a nominated person. (30B) (1) The county court may, on an application made in accordance with the provisions of this section, make an order terminating the appointment of a nominated person for a patient. (2) An order under this section may be made on the application of— (a) the patient, (b) an approved mental health professional, or (c) any person engaged in caring for the patient or interested in the patient’s welfare. (3) An application for an order under this section may only be made on the grounds that— (a) the nominated person unreasonably objects to the making of an application for admission for treatment or a guardianship application in respect of the patient; (b) the nominated person has, without due regard to the welfare of the patient or the interests of the public, exercised the power to discharge the patient under this Part of this Act or is likely to do so; (c) the nominated person unreasonably objects to the making of a community treatment order in respect of the patient; (d) the patient has done anything which is clearly inconsistent with the nominated person remaining the patient’s nominated person; (e) the nominated person lacks the capacity or competence to act as a nominated person; (f) the nominated person is otherwise not a suitable person to act as a nominated person. (4) If, immediately before the expiry of the period for which a patient is liable to be detained by virtue of an application for admission for assessment, an application under this section, which is an application made on the ground specified in subsection (3)(a) or (b), is pending in respect of the patient, that period is extended— (a) in any case, until the application under this section has been finally disposed of, and (b) if an order is made in pursuance of the application under this section, for a further period of seven days. (5) For the purposes of subsection (4)— (a) an application under this section is “pending” until it is finally disposed of, and (b) an application under this section is “finally disposed of”— (i) when the time allowed for appealing against the court’s decision expires without an appeal being brought, or (ii) where an appeal is brought within that time, when the appeal has been heard or withdrawn. (6) Where an order under this section terminates the appointment of a nominated person for a patient, the person is disqualified from being re-appointed for the period specified by the court in the order. (7) In this section “patient” means— (a) a person by whom a nominated person is appointed under Part 1 of Schedule A1, or (b) a person for whom a nominated person is appointed under Part 2 of that Schedule.
3
Before Schedule 1 insert—
Schedule A1 (1) A person (the “patient”) may appoint another person to act as their nominated person for the purposes of this Act. (2) (1) A person is eligible to be appointed as a nominated person under this Part of this Schedule only if the person— (a) is an individual who meets the age requirement (see sub-paragraph (2)), and (b) is not disqualified by section 30B(6) (disqualification as a result of court order terminating previous appointment as a nominated person). (2) The table sets out the age requirement for a nominated person who is an individual.
| Where the patient is: | The nominated person must be: |
|---|---|
| 16 or over | 16 or over |
| Under 16 | 18 or over |
(3) (1) The appointment of a nominated person under this Part of this Schedule is valid only if— (a) the person is eligible to be appointed as a nominated person, (b) the appointment is made by an instrument in writing signed by the patient in the presence of a health or care professional or independent mental health advocate (“the witness”), (c) the nominated person has signed a statement that they— (i) meet the age requirement (see paragraph 2(2)), and (ii) agree to act as the nominated person, and (d) the witness has signed a statement that— (i) the instrument appointing the nominated person was signed by the patient in the presence of the witness, (ii) the witness has no reason to think that the patient lacks capacity or competence to make the appointment, (iii) the witness has no reason to think that the nominated person lacks capacity or competence to act as a nominated person, (iv) the witness has no reason to think that any fraud or undue pressure has been used to induce the patient to make the appointment, and (v) the witness has no reason to think that the nominated person is unsuitable to act as a nominated person. (4) The appointment of a nominated person under this Part of this Schedule ceases to have effect if— (a) the nominated person dies; (b) the patient appoints a different nominated person; (c) the patient terminates the appointment under paragraph 5; (d) the nominated person resigns under paragraph 6; (e) the county court terminates the appointment under section 30B. (5) (1) The appointment of a nominated person under this Part of this Schedule may be terminated by the patient giving the nominated person written notice. (2) The notice must be— (a) signed by the patient in the presence of a health or care professional or independent mental health advocate (“the witness”), and (b) contain a statement, signed by the witness, that— (i) the notice was signed by the patient in the presence of the witness, (ii) the witness has no reason to think that the patient lacks capacity or competence to terminate the appointment, and (iii) the witness has no reason to think that any fraud or undue pressure has been used to induce the patient to terminate the appointment. (6) (1) A nominated person appointed under this Part of this Schedule may resign by giving written notice to the patient and at least one of the persons mentioned in sub-paragraph (2). (2) The persons are— (a) an approved mental health professional; (b) the patient’s responsible clinician (if any); (c) in relation to a patient who is— (i) liable to be detained in pursuance of an application for admission for assessment or treatment, (ii) the subject of an application for admission for assessment or treatment, or (iii) a community patient, the relevant managers; (d) in relation to a patient who is— (i) subject to guardianship in pursuance of a guardianship application, or (ii) the subject of a guardianship application, the relevant local social services authority. (3) The notice must be signed by the nominated person. (7) (1) Where an approved mental health professional reasonably believes that a relevant patient— (a) lacks capacity or is not competent to appoint a nominated person, and (b) has not appointed a person under Part 1 of this Schedule to act as their nominated person, the professional may appoint a person to act as the patient’s nominated person for the purposes of this Act. (2) In this Schedule “relevant patient” means a person— (a) who is liable to be detained in pursuance of an application for admission for assessment or treatment, (b) who is the subject of an application for admission for assessment or treatment, (c) in relation to whom an approved mental health professional is considering making an application for admission for assessment or treatment, (d) who is a community patient, (e) who is subject to guardianship in pursuance of a guardianship application, (f) who is the subject of a guardianship application, or (g) in relation to whom an approved mental health professional is considering making a guardianship application. (8) A person is eligible to be appointed as a nominated person under this Part of this Schedule only if the person— (a) is an individual who meets the age requirement (see paragraph 2(2)) or is a local authority, and (b) is not disqualified by section 30B(6)(disqualification as a result of court order terminating previous appointment as a nominated person). (9) (1) This paragraph applies where an approved mental health professional is deciding who to appoint as a nominated person for a relevant patient who is aged 18 or over. (2) If the relevant patient has a competent donee or deputy who is willing to act as the nominated person, the approved mental health professional must appoint the donee or deputy. (3) In any other case, the approved mental health professional must, in deciding who to appoint, take into account the relevant patient’s past and present wishes and feelings so far as reasonably ascertainable. (4) In this paragraph— (a) “donee” means a donee of a lasting power of attorney (within the meaning of section 9 of the Mental Capacity Act 2005) created by the patient; (b) “deputy” means a deputy appointed for the patient by the Court of Protection under section 16 of that Act; (c) a donee or deputy is “competent” if the scope of the authority conferred on them as donee or deputy would extend to taking decisions of the kind taken by a nominated person. (10) (1) This paragraph applies where an approved mental health professional is deciding who to appoint as a nominated person for a relevant patient who is aged 16 or 17. (2) If a local authority has parental responsibility for the relevant patient, the approved mental health professional must appoint that local authority. (3) If no local authority has parental responsibility for the relevant patient but the relevant patient has a competent deputy who is willing to act as the nominated person, the approved mental health professional must appoint the deputy. (4) In any case in which sub-paragraphs (2) and (3) do not identify who is to be appointed, the approved mental health professional must, in deciding who to appoint, take into account the relevant patient’s past and present wishes and feelings so far as reasonably ascertainable. (5) In this paragraph— (a) “deputy” means a deputy appointed for the patient by the Court of Protection under section 16 of the Mental Capacity Act 2005; (b) a deputy is “competent” if the scope of the authority conferred on them as donee or deputy would extend to taking decisions of the kind taken by a nominated person. (11) (1) This paragraph applies where an approved mental health professional is deciding who to appoint as a nominated person for a relevant patient who is aged under 16. (2) If a local authority has parental responsibility for the relevant patient, the approved mental health professional must appoint that local authority. (3) If no local authority has parental responsibility for the relevant patient and there is a person within the following list who is willing to act as the nominated person, the approved mental health professional must appoint such a person— (a) a person who has parental responsibility for the relevant patient; (b) a person named in a child arrangements order as a person with whom the relevant patient is to live; (c) a person who is a special guardian of the relevant patient. (4) In sub-paragraph (3) “child arrangements order” and “special guardian” have the same meaning as in the Children Act 1989 (see sections 8(1) and 14A(1) of that Act respectively). (5) In any case in which sub-paragraphs (2) and (3) do not identify who is to be appointed, the approved mental health professional must, in deciding who to appoint, take into account the relevant patient’s past and present wishes and feelings so far as reasonably ascertainable. (12) The appointment of a nominated person by an approved mental health professional is valid only if— (a) the person is eligible to be appointed as a nominated person (see paragraph 8), (b) the person agrees to act as the nominated person, and (c) the appointment is made by an instrument in writing and signed by the professional. (13) (1) Where an approved mental health professional appoints a nominated person under this Part of this Schedule, the professional must— (a) if the appointment relates to a relevant patient falling within paragraph 7(2)(a) to (d), notify the relevant managers; (b) if the appointment relates to a relevant patient falling within paragraph 7(2)(e) to (g), notify the relevant local social services authority. (2) A person who is notified under sub-paragraph (1) of the appointment of a nominated person must take such steps as the person considers appropriate to inform the relevant patient of the appointment. (14) The appointment of a nominated person under this Part of this Schedule ceases to have effect if— (a) the nominated person dies; (b) an approved mental health professional appoints a different nominated person for the relevant patient; (c) an approved mental health professional terminates the appointment under paragraph 15; (d) the relevant patient terminates the appointment under paragraph 16; (e) the nominated person resigns under paragraph 17; (f) the county court terminates the appointment under section 30B; (g) the relevant patient appoints a different nominated person under Part 1 of this Schedule; (h) the person for whom the nominated person was appointed ceases to be a relevant patient. (15) (1) Where an approved mental health professional has appointed a nominated person for a relevant patient, an approved mental health professional may terminate the appointment by giving written notice to the nominated person and the patient. (2) The appointment may only be terminated on the grounds that— (a) the person lacks capacity to exercise the functions of a nominated person, (b) the person is otherwise not a suitable person to act as the nominated person, or (c) the relevant patient has regained capacity or competence to appoint a nominated person under Part 1 of this Schedule. (3) Where an approved mental health professional terminates the appointment of a nominated person under this Part of this Schedule, the professional must— (a) if the appointment relates to a relevant patient falling within paragraph 7(2)(a) to (d), notify the relevant managers; (b) if the appointment relates to a relevant patient falling within paragraph 7(2)(e) to (g), notify the relevant local social services authority. (16) (1) The appointment of a nominated person under this Part of this Schedule may be terminated by the relevant patient giving the nominated person written notice. (2) The notice must be— (a) signed by the relevant patient in the presence of a health or care professional or independent mental health advocate (“the witness”), and (b) contain a statement, signed by the witness, that— (i) the notice was signed by the patient in the presence of the witness, (ii) the witness has no reason to think that the patient lacks capacity or competence to terminate the appointment, and (iii) the witness has no reason to think that any fraud or undue pressure has been used to induce the patient to terminate the appointment. (17) (1) A nominated person appointed by an approved mental health professional may resign by giving written notice to the patient and at least one of the persons mentioned in sub-paragraph (2). (2) The persons are— (a) an approved mental health professional; (b) the relevant patient’s responsible clinician (if any); (c) in relation to a relevant patient falling within paragraph 7(2)(a), (b) or (d), the relevant managers; (d) in relation to a relevant patient falling within paragraph 7(2)(e) or (f), the relevant local social services authority. (3) The notice must be signed by the nominated person. (18) In this Schedule “health or care professional” means— (a) a registered medical practitioner; (b) a registered nurse or midwife; (c) a person registered as a member of a profession to which the Health and Social Work Professions Order 2001 (S.I. 2002/254) for the time being extends; (d) a person registered as a social worker in the register maintained by Social Work England under section 39(1) of the Children and Social Work Act 2017; (e) a person registered as a social worker in the register maintained by Social Care Wales under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2). (19) In this Schedule “independent mental health advocate”, in relation to a person appointing a nominated person, means an independent mental health advocate appointed under arrangements made under section 130A or 130E. (20) In relation to a person who has attained the age of 16 years— (a) references in this Schedule to lacking capacity are to lacking capacity within the meaning of the Mental Capacity Act 2005, and (b) references in this Schedule to having, ceasing to have or gaining capacity are to be read accordingly. (21) References in this Schedule to “the relevant managers” are— (a) in relation to a patient who is liable to be detained under this Act in a hospital or registered establishment, the managers of the hospital or registered establishment; (b) in relation to a patient who is the subject of an application for admission for assessment or treatment, the managers of the hospital or registered establishment to which admission is sought; (c) in relation to a patient in relation to whom an approved mental health professional is considering making an application for admission for assessment or treatment, the managers of the hospital or registered establishment to which admission would be sought; (d) in relation to a community patient, the managers of the responsible hospital. (22) References in this Schedule to “the relevant local social services authority” are— (a) in relation to a person who is subject to guardianship— (i) where the patient is subject to the guardianship of a local social services authority, to that authority; (ii) where the patient is subject to the guardianship of a person other than a local social services authority, to the local social services authority for the area in which that person resides; (b) in relation to a person who is the subject of a guardianship application, or in relation to whom an approved mental health professional is considering making a guardianship application— (i) where the application names or would name a local social services authority as guardian, to that authority; (ii) where the application names or would name a person other than a local social services authority as guardian, to the local social services authority for the area in which the person named as guardian resides. (23) In this Schedule “relevant patient” has the meaning given by paragraph 7(2).
Part 2 — Functions of nominated person
4
The Mental Health Act 1983 is amended as follows.
5
In section 4 (admission for assessment in cases of emergency), in subsection (2), for “the nearest relative of the patient” substitute “the patient’s nominated person”.
6
- (1) Section 11 (general provisions as to applications) is amended as follows.
- (2) In subsection (1), for “the nearest relative of the patient” substitute “the patient’s nominated person”.
- (3) In subsection (3)—
- (a) for “the nearest relative of the patient” substitute “the patient’s nominated person”;
- (b) for “the nearest relative” substitute “the nominated person”.
7
In section 13 (duty of approved mental health professionals to make applications for admission or guardianship), in subsection (4), for “the nearest relative”, in both places it occurs, substitute “the nominated person”.
8
In section 14 (social reports), for “nearest relative” substitute “nominated person”.
9
In section 23 (discharge of patients), in subsection (2)(a), (b) and (c), for “the nearest relative of the patient” substitute “the patient’s nominated person”.
10
In section 24 (visiting and examination of patient), in subsection (1), for “the nearest relative”, in both places it occurs, substitute “the nominated person”.
11
Omit sections 26 to 30 and the italic heading before section 26.
12
In section 32 (regulations for purposes of Part), in subsection (2)—
- (a) at the end of paragraph (c) insert “and”;
- (b) omit paragraph (e) and the “and” before it.
13
In section 33 (special provisions as to wards of court), in subsection (2), for “nearest relative” substitute “nominated person”.
14
In section 66 (applications to tribunals), in subsection (1), in sub-paragraph (ii), for “his nearest relative” substitute “the patient’s nominated person”.
15
In section 69 (applications to tribunals concerning patients subject to hospital and guardianship orders), in subsection (1)(a) and (b)(ii), for “the nearest relative of the patient” substitute “the patient’s nominated person”.
16
In section 116 (welfare of certain hospital patients), in subsection (2) omit paragraph (c) and the “or” before it.
17
In section 118 (code of practice), in subsection (1)—
- (a) omit the “and” at the end of paragraph (a);
- (b) after paragraph (b) insert—
(c) for the guidance of nominated persons in relation to their functions under this Act and for the guidance of health or care professionals within the meaning of paragraph 17 of Schedule A1 in respect of their functions under that Schedule;
.
18
In section 130B (arrangements in relation to independent mental advocates: England), in subsection (5)(a), for “nearest relative” substitute “nominated person”.
19
In section 130D (duty to give information about independent mental health advocates), in subsection (5), for “nearest relative” substitute “nominated person”.
20
In section 130H (independent mental health advocates for Wales: supplementary powers and duties), in subsection (3)(b), for “nearest relative” substitute “nominated person”.
21
In section 130K (duty to give information about independent mental health advocates to Welsh qualifying compulsory patients), in subsection (6)(a), for “nearest relative” substitute “nominated person”.
22
In section 132 (duty of managers of hospitals to give information to detained patients), in subsection (4), for “nearest relative” substitute “nominated person”.
23
In section 132A (duty of managers of hospitals to give information to community patients), in subsection (3), for “nearest relative” substitute “nominated person”.
24
- (1) Section 133 (duty of managers of hospitals to give information to community patients) is amended as follows.
- (2) In the heading for “nearest relatives” substitute “nominated persons”.
- (3) In subsection (1)—
- (a) for “nearest relative”, in the first place it occurs, substitute “nominated person”;
- (b) for “nearest relative of the patient” substitute “patient’s nominated person”.
- (4) In subsections (1B) and (2), for “nearest relative” substitute “nominated person”.
25
- (1) Section 145(1) (interpretation) is amended as follows.
- (2) Omit the definition of “nearest relative”.
- (3) At the appropriate place insert—
- “nominated person”, in relation to a patient, means a person for the time being appointed by or for the patient under Schedule A1;
.
Part 3 — Patients concerned in criminal proceedings etc: functions of nominated person
26
The Mental Health Act 1983 is amended as follows.
27
After section 36 (but before the italic heading after that section) insert—
(36A) Sections 30A and 30B and Schedule A1 (nominated person) apply in relation to a person remanded to hospital under section 35 or 36 as they apply in relation to a person subject to an order under section 41 (see section 41(3) and Part 2 of Schedule 1).
28
In section 38 (interim hospital orders), after subsection (7) insert—
(8) Sections 30A and 30B and Schedule A1 (nominated person) apply in relation to an offender subject to an interim hospital order as they apply in relation to a person subject to an order under section 41 (see section 41(3) and Part 2 of Schedule 1).
29
In Part 1 of Schedule 1 (application of certain provisions to patients subject to hospital and guardianship orders who are not subject to special restrictions)—
- (a) in paragraph 1, for “26 to 28” substitute “30A”;
- (b) in paragraph 2—
- (i) after “23” insert “, 30B”;
- (ii) after “68” insert “and Schedule A1”;
- (iii) for “10” substitute “11”;
- (c) in paragraph 8(b), for “nearest relative” substitute “nominated person”;
- (d) after paragraph 8 insert—
(8ZA) In section 30B— (a) in subsection (2)(b) the reference to an approved mental health professional is to be read as a reference to the responsible clinician; (b) in subsection (3), paragraphs (a) and (b) are to be omitted.
;
- (e) in paragraph 9 for “paragraph (ii)” substitute “paragraphs (ia), (ib) and (ii)”;
- (f) after paragraph 10 insert—
(11) In Schedule A1, references to an approved mental health professional are to be read as references to the responsible clinician.
30
In Part 2 of Schedule 1 (application of certain provisions to patients subject to hospital and guardianship orders who are subject to special restrictions)—
- (a) in paragraph 1, after “Sections” insert “30A,”;
- (b) in paragraph 2—
- (i) after “23” insert “, 30B”;
- (ii) after “34” insert “and Schedule A1”;
- (iii) for “8” substitute “9”;
- (c) in paragraph 5—
- (i) omit the “and” at the end of paragraph (b);
- (ii) at the end of paragraph (c) insert
and (d) in subsection (3A), after paragraph (a) there is to be inserted— (za) is inappropriate,
;
- (d) in paragraph 7(b)(i), for “the nearest relative of the patient” substitute “the patient’s nominated person”;
- (e) after paragraph 7 insert—
(7A) In section 30B— (a) in subsection (2)(b) the reference to an approved mental health professional is to be read as a reference to the responsible clinician; (b) in subsection (3), paragraphs (a) to (c) are to be omitted.
;
- (f) after paragraph 8 insert—
(9) In Schedule A1, references to an approved mental health professional are to be read as references to the responsible clinician.
Schedule 3
1
The Mental Health Act 1983 is amended as follows.
2
- (1) Section 118 (code of practice) is amended as follows.
- (2) In subsection (1), after paragraph (c) (as inserted by Schedule 2 to this Act) insert—
(d) for the guidance of independent mental health advocates appointed under arrangements made under section 130A or 130E;
.
- (3) Omit subsection (1A).
3
- (1) Section 130A (independent mental health advocates) is amended as follows.
- (2) In subsection (1), for “qualifying patients” substitute “English qualifying patients”.
- (3) After subsection (1) insert—
(1A) In this Part “English qualifying patient” means— (a) an English qualifying compulsory patient (see section 130C), or (b) an English qualifying informal patient (see section 130CA).
4
- (1) Section 130B (arrangements under section 130A) is amended as follows.
- (2) In subsection (1), for “a qualifying patient”, in both places it occurs, substitute “an English qualifying compulsory patient”.
- (3) In subsection (2)—
- (a) for “a qualifying patient” substitute “an English qualifying compulsory patient”;
- (b) omit the “and” at the end of paragraph (a);
- (c) after paragraph (b) insert—
(c) 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; and (ii) for patients who wish to complain about their care or treatment; and (d) the provision of information about other services which are or may be available to the patient.
- (4) After subsection (2) insert—
(2A) The help available to an English qualifying informal patient under arrangements under section 130A must include help in obtaining information about and understanding— (a) what (if any) medical treatment is given to the patient or is proposed or discussed in the patient’s case, (b) why it is given, proposed or discussed, and (c) the authority under which it is, or would be, given. (2B) The help available under the arrangements to an English qualifying informal patient must 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, and (ii) for patients who wish to complain about their care or treatment, and (b) the provision of information about other services which are or may be available to the patient. (2C) Arrangements under section 130A must require a provider of advocacy services, on becoming aware of an English qualifying compulsory patient for whom they are responsible, to arrange for an independent mental health advocate to visit and interview the patient (if possible) with a view to determining— (a) whether the patient has the capacity or is competent to take a decision about whether to receive help from an independent mental health advocate, (b) if the patient does have that capacity or competence, whether the patient wishes to receive such help, and (c) if the patient does not have that capacity or competence, whether it is nonetheless in the patient’s best interests to receive such help (which, if so, is to be provided under the arrangements). (2D) For the purposes of subsection (2C)— (a) “provider of advocacy services” means a person required by arrangements under section 130A to make available the services of independent mental health advocates, and (b) a provider of advocacy services is “responsible” for an English qualifying compulsory patient if the arrangements require the provider to make available the services of an independent mental health advocate to help that patient.
- (5) In subsection (3), for “the arrangements” substitute “arrangements under section 130A”.
- (6) In subsection (6) for “declining to be provided with” substitute “refusing consent to the provision of”.
- (7) After subsection (6) insert—
(6A) A reference in this section to a patient who has capacity is to be read in accordance with the Mental Capacity Act 2005.”
.
- (8) In subsection (7) omit paragraph (a).
5
- (1) Section 130C (section 130A: supplemental) is amended as follows.
- (2) For the heading, substitute ““English qualifying compulsory patients””.
- (3) Omit subsection (1).
- (4) In subsection (2) for “A patient is a qualifying patient” substitute “For the purposes of this Part a patient is an English qualifying compulsory patient”.
- (5) In subsection (3)—
- (a) in the words before paragraph (a), for “A patient is also a qualifying patient” substitute “For the purposes of this Part a patient is also an English qualifying compulsory patient”;
- (b) in paragraphs (a) and (b), for “a qualifying patient” substitute “an English qualifying compulsory patient”.
- (6) In subsection (4), for “a qualifying patient”, in both places it occurs, substitute “an English qualifying compulsory patient”.
- (7) Omit subsections (4A) and (4B).
6
After section 130C insert—
(130CA) For the purposes of this Part a patient is an “English qualifying informal patient” if— (a) the patient is an in-patient at a hospital or registered establishment situated in England, (b) the patient is receiving treatment for, or assessment in relation to, mental disorder at the hospital or registered establishment, and (c) the patient is not liable to be detained under this Act or any other legislation or by virtue of a court order. (130CB) (1) For the purposes of section 130A(1) a local social services authority is responsible for an English qualifying patient if— (a) in the case of an English qualifying compulsory patient falling within section 130C(2)(a), the hospital or registered establishment in which the patient is liable to be detained is situated in that authority’s area; (b) in the case of an English qualifying compulsory patient falling within section 130C(2)(b), that authority is the responsible local social services authority within the meaning of section 34(3); (c) in the case of an English qualifying compulsory patient falling within section 130C(2)(c), the responsible hospital is situated in that authority’s area; (d) in the case of an English qualifying compulsory patient falling within section 130C(3)— (i) in a case where the patient has capacity or is competent to do so, the patient nominates that authority as responsible for the purposes of section 130A, 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 the patient’s welfare, nominates that authority on the patient’s behalf as responsible for the purposes of that section; (e) in the case of an English qualifying informal patient, the hospital or registered establishment to which the patient is admitted as an in-patient is situated in that authority’s area. (2) In subsection (1)(d)— (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 their 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 the their authority and in accordance with that Act. (130CC) (1) The responsible person in relation to an English qualifying patient must take such steps as are practicable to give the appropriate provider of advocacy services the required information about the patient. (2) In this section “the responsible person” means— (a) in relation to an English qualifying compulsory patient falling within section 130C(2)(a), the managers of the hospital or registered establishment in which the patient is liable to be detained; (b) in relation to an English qualifying compulsory patient falling within section 130C(2)(b), the responsible local social services authority within the meaning of section 34(3); (c) in relation to an English qualifying compulsory patient falling within section 130C(2)(c), the managers of the responsible hospital; (d) in relation to an English qualifying compulsory patient falling within section 130C(3), the managers of the hospital or registered establishment in which the treatment would be given; (e) in relation to an English qualifying informal patient, the managers of the hospital or registered establishment to which the patient is admitted as an in-patient. (3) In this section “appropriate provider of advocacy services”, in relation to a patient, means the person required by arrangements under section 130A to make available the services of an independent mental health advocate to help that patient. (4) In this section “the required information”, in relation to a patient, means such information relating to the patient as may be prescribed in regulations made by the Secretary of State.
7
For section 130D substitute—
(130DA) (1) The responsible person in relation to an English qualifying informal patient must take such steps as are practicable to ensure that the patient understands— (a) that help is available to the patient from an independent mental health advocate, and (b) how the patient can obtain that help. (2) In this section “the responsible person”, in relation to an English qualifying informal patient, 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) must be taken as soon as practicable after the patient becomes an English qualifying informal patient. (4) The steps that must be taken under subsection (1) include giving the requisite information both orally and in writing. (5) The responsible person in relation to an English qualifying informal patient must, except where the patient otherwise requests, take such steps as are practicable to give the person (if any) appearing to the responsible person to be the patient’s nominated person a copy of any information given to the patient in writing under subsection (1). (6) The steps to be taken under subsection (5) must be taken when the information concerned is given to the patient or within a reasonable time thereafter.
8
In section 130J (Welsh qualifying informal patients), in subsection (2), for paragraph (c) substitute—
(c) the patient is not liable to be detained under this Act or any other legislation or by virtue of a court order
.
Principles to inform decisions
Application of principles to Wales
Application of the Mental Health Act 1983: autism and learning disability
People with autism or learning disability
Grounds for detention
Grounds for community treatment orders
Grounds for discharge by tribunal
Appropriate medical treatment: therapeutic benefit
Remission or release of prisoners etc from hospital: treatment condition
Nomination of the responsible clinician
Making treatment decisions
Appointment of doctors to provide second opinions
Medicine etc: treatment conflicting with a decision by or on behalf of a patient
Medicine etc: treatment in other circumstances
Electro-convulsive therapy etc
Review of treatment
Urgent treatment to alleviate serious suffering
Urgent electro-convulsive therapy etc
Remote assessment for treatment
Capacity to consent to treatment
Care and treatment plans
Consultation of the community clinician
Conditions of community treatment orders
Nominated person
Applications for admission or guardianship: role of nominated person
Discharge of patients: role of nominated person
Community treatment orders: role of nominated person
Transfer of patients: role of nominated person
Detention periods
Periods for tribunal applications
References to tribunal
References: restricted patients subject to deprivation of liberty conditions
References: restricted patients not subject to deprivation of liberty conditions
Discharge: process
Conditional discharge subject to deprivation of liberty conditions
Transfers of prisoners and others to hospital: conditions
Transfers of prisoners and others to hospital: time limits
Transfer directions for persons detained in youth detention accommodation
Minor amendment
Independent mental health advocates
Information about complaints for detained patients
Information about complaints for community patients
Information for conditionally discharged patients
Advance choice documents
Tribunal power to recommend after-care
After-care services
Tribunal powers in guardianship cases: burden of proof
Removal of police stations and prisons as places of safety
Remand for a person’s own protection etc
Removal of interim remand patients to and from Channel Islands or Isle of Man
Human Rights Act 1998: extension to certain private care providers
Review of duty to notify incidents
Power of Secretary of State to make consequential provision
Power of Welsh Ministers to make consequential provision
Extent
Commencement
Short title
Amendments of Part 2 of the Mental Health Act 1983
Amendments of Part 3 of the Mental Health Act 1983
Amendments of Part 4 of the Mental Health Act 1983
Amendments of Part 4A of the Mental Health Act 1983
Amendments of Part 5 of the Mental Health Act 1983
Transitory modifications of the Mental Health Act 1983
Editorial notes
[^key-f37b2998c029e4816b15a3c80dfa1bcd]: S. 1 not in force at Royal Assent, see s. 56(3)
[^key-68da0c2a792ef18c3234d34a9609aae9]: S. 2 not in force at Royal Assent, see s. 56(3)
[^key-135affcb88c475954abebe241ee15276]: S. 3 not in force at Royal Assent, see s. 56(3)
[^key-680784769f9afdf2ae3741f234eb8208]: S. 4 not in force at Royal Assent, see s. 56(3)
[^key-0d751566862115be9659eb0a2455ff29]: S. 5 not in force at Royal Assent, see s. 56(3)
[^key-139ceede7811451fb26ee4998f81111c]: S. 6 not in force at Royal Assent, see s. 56(3)
[^key-93f9fdf9e16b335e64fd818c7aa33966]: S. 7 not in force at Royal Assent, see s. 56(3)
[^key-d4c5283cae48880ae09b3cc3cd53c64d]: S. 8 not in force at Royal Assent, see s. 56(3)
[^key-f16a3edb4c5828927233009371554e78]: S. 9 not in force at Royal Assent, see s. 56(3)
[^key-8fbf2e359b7a105ce0c115bfd46dd4d4]: S. 10 not in force at Royal Assent, see s. 56(3)
[^key-0589d58f48db1bc753a7f6211b607db4]: S. 11 not in force at Royal Assent, see s. 56(3)
[^key-2e1fe698010c06e1ba7fa9ce798e821c]: S. 12 not in force at Royal Assent, see s. 56(3)
[^key-d23f98b810d34e5aaff783e70db7d57b]: S. 13 not in force at Royal Assent, see s. 56(3)
[^key-61c3fb291feeff905ea5669fbe72ebd7]: S. 14 not in force at Royal Assent, see s. 56(3)
[^key-c710c14edffe0ef46fe716e7deff73b5]: S. 15 not in force at Royal Assent, see s. 56(3)
[^key-c7d62c9d7414a458f63a1bc613e0eb5d]: S. 16 not in force at Royal Assent, see s. 56(3)
[^key-c643e9449cbb0ee670ff92ff75354aab]: S. 17 not in force at Royal Assent, see s. 56(3)
[^key-991cbde9f99f79e649c90f7700146acb]: S. 18 not in force at Royal Assent, see s. 56(3)
[^key-1cd153fbc37a15d9d39011e95e7909ae]: S. 19 not in force at Royal Assent, see s. 56(3)
[^key-5943341044e3d591c357f5c542350b41]: S. 20 not in force at Royal Assent, see s. 56(3)
[^key-098347cd431b8ffa892ef6a36c85f3db]: S. 21 not in force at Royal Assent, see s. 56(3)
[^key-8b6e5d6a21705ac6d3e0a9cdf75d895c]: S. 22 not in force at Royal Assent, see s. 56(3)
[^key-b9185fca0936e970946483336429ab76]: S. 23 not in force at Royal Assent, see s. 56(3)
[^key-7612cb12e347fdd25079e483b950c36e]: S. 24 not in force at Royal Assent, see s. 56(3)
[^key-f19223500dbdf633ced91eb3289ae9bf]: S. 25 not in force at Royal Assent, see s. 56(3)
[^key-1c8dab3b5746e3837deb6fd2df727b21]: S. 26 not in force at Royal Assent, see s. 56(3)
[^key-7dc862d00d395a2c1dc820bdb52e4333]: S. 27 not in force at Royal Assent, see s. 56(3)
[^key-f51a4cfc7b3170d4ff9ad61c23a7175b]: S. 28 not in force at Royal Assent, see s. 56(3)
[^key-8272f1a61ad59d32dee7e3440a589e33]: S. 29 not in force at Royal Assent, see s. 56(3)
[^key-73891227294660674b2b265bc0c0964d]: S. 31 not in force at Royal Assent, see s. 56(3)
[^key-7a614b76f44d2aa2aae8db380a0536f3]: S. 33 not in force at Royal Assent, see s. 56(3)
[^key-ce2d446b5c34eaede638ef257a8c8344]: S. 34 not in force at Royal Assent, see s. 56(3)
[^key-08eb707f7df8b0d30af354c0a6e2a13b]: S. 37 not in force at Royal Assent, see s. 56(3)
[^key-9a35a91273e570c990e9357de7f1ad70]: S. 40 not in force at Royal Assent, see s. 56(3)
[^key-e17f62b5c45d2d545cf92666a2e66ea7]: S. 41 not in force at Royal Assent, see s. 56(3)
[^key-1dcc74f04b613dd8f9cd061049e01167]: S. 42 not in force at Royal Assent, see s. 56(3)
[^key-e24cc7e55f148ef6d4d0438ce32fc245]: S. 43 not in force at Royal Assent, see s. 56(3)
[^key-1087ffc02c57aa2311e739560488ac73]: S. 44 not in force at Royal Assent, see s. 56(3)
[^key-9bf532b9e6c3813ac7ab2f1d6d185f98]: S. 45 not in force at Royal Assent, see s. 56(3)
[^key-889866a3a85b26f6736feb03be5bc9ad]: S. 46 not in force at Royal Assent, see s. 56(3)
[^key-e041c5017c34ae5cf68d924725353696]: S. 47 not in force at Royal Assent, see s. 56(3)
[^key-8b93a9d939e75abdf4ce81cb8e4c2f59]: S. 48 not in force at Royal Assent, see s. 56(3)
[^key-64cf17264269b48da08f9a5266ae6950]: S. 49 not in force at Royal Assent, see s. 56(3)
[^key-7bc3bffb601fb61d5c1199062d393673]: S. 50 not in force at Royal Assent, see s. 56(3)
[^key-b6aa184803beacd331f52061d4c729b1]: S. 51 not in force at Royal Assent, see s. 56(3)
[^key-f5a1a8969e7eae2d531441db31999155]: S. 52 not in force at Royal Assent, see s. 56(3)
[^key-a8be5f84aebd1ad58272b8c5705518ad]: S. 53 in force at Royal Assent, see s. 56(2)
[^key-25d6518ec7b8bb0e45450e7936c5e8a2]: S. 54 in force at Royal Assent, see s. 56(2)
[^key-828f3e83d6fa70f20bf5ccba86eedf0a]: S. 55 in force at Royal Assent, see s. 56(2)
[^key-8f733a32f8b83397b02081931a010df9]: S. 56 in force at Royal Assent, see s. 56(2)
[^key-6c3fa398c44df629a8245eb64052cb9b]: S. 57 in force at Royal Assent, see s. 56(2)
[^key-6b41a4d18637c6d262c15226084dca6c]: Sch. 1 para. 1 not in force at Royal Assent, see s. 56(3)
[^key-5a53053b17c312c696acb11152f59250]: Sch. 1 para. 2 not in force at Royal Assent, see s. 56(3)
[^key-ad07e0bb038937450ed5d2ba3f5c25ce]: Sch. 1 para. 3 not in force at Royal Assent, see s. 56(3)
[^key-a574b64833fb850c54d69d4c798ee476]: Sch. 1 para. 4 not in force at Royal Assent, see s. 56(3)
[^key-24e6037dc34d60f6944f2c782327d944]: Sch. 1 para. 5 not in force at Royal Assent, see s. 56(3)
[^key-04ebd82a658a9f9ed76c2d84d9bc5317]: Sch. 1 para. 6 not in force at Royal Assent, see s. 56(3)
[^key-722834ef7c93f7156ba8496a52069a15]: Sch. 1 para. 7 not in force at Royal Assent, see s. 56(3)
[^key-34d80255b0705de70fe91b593278fa45]: Sch. 1 para. 8 not in force at Royal Assent, see s. 56(3)
[^key-2819e6cbefd6935dc7f9d29c55629343]: Sch. 1 para. 9 not in force at Royal Assent, see s. 56(3)
[^key-aa0336b7601194cfdeb9bf0a56132f19]: Sch. 1 para. 10 not in force at Royal Assent, see s. 56(3)
[^key-57225a39c849ec249821a293958a7a0a]: Sch. 1 para. 11 not in force at Royal Assent, see s. 56(3)
[^key-1a734da79cccff7baa24e26de615259e]: Sch. 1 para. 12 not in force at Royal Assent, see s. 56(3)
[^key-e70b936efc77c5d08ae976cdcd6f9cba]: Sch. 1 para. 13 not in force at Royal Assent, see s. 56(3)
[^key-18909967d38ab90a0d1570595df609c6]: Sch. 1 para. 14 not in force at Royal Assent, see s. 56(3)
[^key-d480d1a7f3229ffcefc4cbbb382ce6de]: Sch. 1 para. 15 not in force at Royal Assent, see s. 56(3)
[^key-e18f8ca59b1cd7e955a61dce87c2d2ab]: Sch. 1 para. 16 not in force at Royal Assent, see s. 56(3)
[^key-3c1c74f38b7cb438cd7b83b3998e6c6b]: Sch. 1 para. 17 not in force at Royal Assent, see s. 56(3)
[^key-29c142047ab4164eb85598e296d00888]: Sch. 1 para. 18 not in force at Royal Assent, see s. 56(3)
[^key-b1de95837e45db0c31327c9613ff6701]: Sch. 1 para. 19 not in force at Royal Assent, see s. 56(3)
[^key-ad1326a549f45880998e495a7e402220]: Sch. 1 para. 20 not in force at Royal Assent, see s. 56(3)
[^key-5d7b8a036bfea5a2d5cd218661ad1262]: Sch. 1 para. 21 not in force at Royal Assent, see s. 56(3)
[^key-2282a63e0ef7b5f9b7c1812624c6e3d2]: Sch. 1 para. 22 not in force at Royal Assent, see s. 56(3)
[^key-7cb563bc3eaf4755d63f659f7f59c356]: Sch. 1 para. 23 not in force at Royal Assent, see s. 56(3)
[^key-7bb36020bbdbd5bd5a947b68aedca4ac]: Sch. 1 para. 24 not in force at Royal Assent, see s. 56(3)
[^key-e77a2b27359c703dbbbd72ec0a0e200c]: Sch. 1 para. 25 not in force at Royal Assent, see s. 56(3)
[^key-4f796ca97046e05e299c8b561bf8203e]: Sch. 2 para. 1 not in force at Royal Assent, see s. 56(3)
[^key-37a9d1ca107d9a237de657ac09daf2f7]: Sch. 2 para. 2 not in force at Royal Assent, see s. 56(3)
[^key-99b0838fec344b2eeab79472cc57b797]: Sch. 2 para. 3 not in force at Royal Assent, see s. 56(3)
[^key-104de1a7eab2d04bba7249a4dea8d369]: Sch. 2 para. 4 not in force at Royal Assent, see s. 56(3)
[^key-8a1dd5e6aac8706e7c6c8cb3c18a5a45]: Sch. 2 para. 5 not in force at Royal Assent, see s. 56(3)
[^key-9c7d722ad29390deaef29c25821ab7a6]: Sch. 2 para. 6 not in force at Royal Assent, see s. 56(3)
[^key-a8c84d0c34de48b0d05fda8833d6c120]: Sch. 2 para. 7 not in force at Royal Assent, see s. 56(3)
[^key-64e471637c0b184cfacd2e653eb79548]: Sch. 2 para. 8 not in force at Royal Assent, see s. 56(3)
[^key-946fbec7e1280867e04c748633522428]: Sch. 2 para. 9 not in force at Royal Assent, see s. 56(3)
[^key-38723c31623ddaa03bd71a8b582ae9ef]: Sch. 2 para. 10 not in force at Royal Assent, see s. 56(3)
[^key-b6685e17fa21a93f177a1c804340e07f]: Sch. 2 para. 11 not in force at Royal Assent, see s. 56(3)
[^key-0475124795d3fe1645c495bb97d2db14]: Sch. 2 para. 12 not in force at Royal Assent, see s. 56(3)
[^key-d64694bc7eb69e671ec7305ab2bb79bf]: Sch. 2 para. 13 not in force at Royal Assent, see s. 56(3)
[^key-d6fa746a08ab9e8e3af3da1caf406690]: Sch. 2 para. 14 not in force at Royal Assent, see s. 56(3)
[^key-0b2138d5f2a2f906bd7512951e1f3a5d]: Sch. 2 para. 15 not in force at Royal Assent, see s. 56(3)
[^key-a5877b268d3b431a709911023ffe83d6]: Sch. 2 para. 16 not in force at Royal Assent, see s. 56(3)
[^key-9654af6ac8e8d43fa48ddcb61e173a9d]: Sch. 2 para. 17 not in force at Royal Assent, see s. 56(3)
[^key-795ca33862bf595ce349a90a23401945]: Sch. 2 para. 18 not in force at Royal Assent, see s. 56(3)
[^key-5832cd2a7a103413ed16a1bc3bfa3d1b]: Sch. 2 para. 19 not in force at Royal Assent, see s. 56(3)
[^key-5f275ac645dc323fa057344ed2600bc5]: Sch. 2 para. 20 not in force at Royal Assent, see s. 56(3)
[^key-27bc8ae26e7807daf4c620fe782ab775]: Sch. 2 para. 21 not in force at Royal Assent, see s. 56(3)
[^key-31ac54fd7c2f9cc5240947f00a2a60e7]: Sch. 2 para. 22 not in force at Royal Assent, see s. 56(3)
[^key-a980d89495acf654752dc2f0ec9a0b5c]: Sch. 2 para. 23 not in force at Royal Assent, see s. 56(3)
[^key-a78118b42686ba864f853cd16888f3da]: Sch. 2 para. 24 not in force at Royal Assent, see s. 56(3)
[^key-d849fd97e95d6b01053a37ce8b907f34]: Sch. 2 para. 25 not in force at Royal Assent, see s. 56(3)
[^key-e66bb70c03ca3d8e8d2cdfaa13b1fcac]: Sch. 2 para. 26 not in force at Royal Assent, see s. 56(3)
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