Mental Health Act 2025

(i) the patient be granted leave of absence; (ii) the patient be transferred to another hospital or into guardianship; or (iii) the responsible after-care bodies make plans for the provision of after-care services for the patient;

.

• (3) After subsection (7) insert—

(8) In this section— - “after-care services” means after-care services provided or arranged under section 117; - “the responsible after-care bodies”, in relation to a patient, means the bodies that will have the duty under section 117 to provide after-care services for the patient.

After-care services

46

• (1) Section 117 of the Mental Health Act 1983 (after-care) is amended as follows.

• (2) In subsection (2), after “authority”, in the second place it occurs, insert “jointly give notice in writing to the person stating that they”.

• (3) After subsection (3) insert—

(3A) In applying subsection (3) for the purpose of determining the local social services authority in relation to a person— (a) section 105(6) of the Children Act 1989— (i) applies for the purpose of determining the person’s ordinary residence at any time when they were aged under 18, and (ii) in its application for that purpose, is to be read as if there were inserted, after paragraph (c)— (d) while the child is being provided with accommodation under section 117 of the Mental Health Act 1983; or (e) while the child is being provided with accommodation under any of the following— - the National Health Service Act 2006; - the National Health Service (Wales) Act 2006; - the National Health Service (Scotland) Act 1978; - the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)); - the Health and Social Care (Reform) Act (Northern Ireland) 2009; or (f) which is referred to in section 194(6) of the Social Services and Well-being (Wales) Act 2014 (anaw‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌ 4). (b) the following provisions apply for the purpose of determining the person’s ordinary residence at any time when they were aged 18 or over— (i) section 39(1) to (6) of, and paragraphs 1(1), 2(1) and (2) and 8 of Schedule 1 to, the Care Act 2014; (ii) section 194(1) to (3) of the Social Services and Well-being (Wales) Act 2014 (anaw‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌ 4).

Miscellaneous

Tribunal powers in guardianship cases: burden of proof

47

In section 72(4) of the Mental Health Act 1983 (powers of tribunals in relation to guardianship cases)—

• (a) in the opening words, after “it is” insert “not”;

• (b) in paragraph (a) omit “not”;

• (c) in paragraph (b) omit “not”.

Removal of police stations and prisons as places of safety

48

• (1) The Mental Health Act 1983 is amended as follows.

• (2) In section 55 (interpretation of Part 3), in subsection (1), for the definition of “place of safety” substitute—

• “place of safety”— in relation to a person who is not a child or young person, means any hospital the managers of which are willing temporarily to receive that person; in relation to a child or young person, has the same meaning as in the Children and Young Persons Act 1933 except that it does not include a police station;

.

• (3) The amendment made by subsection (2) does not apply in relation to any directions given under sections 35(4), 36(3), 37(4), 38(4) or 45A(5) before the coming into force of that subsection.

• (4) In section 135 (warrant to search for and remove patients)—

• (a) in subsection (6) omit “a police station,”;

• (b) in subsection (7), before paragraph (a) insert—

(za) a police station may not be regarded as a suitable place;

;

• (c) omit subsection (8).

• (5) In section 136 (removal etc of mentally disordered persons without a warrant) omit subsection (5).

• (6) Omit section 136A (use of police stations as places of safety).

• (7) In section 136B (extension of detention) omit subsection (3).

Remand for a person’s own protection etc

49

• (1) Schedule 1 to the Bail Act 1976 (persons entitled to bail: supplementary provisions) is amended as follows.

• (2) In Part 1 of that Schedule (defendants accused or convicted of imprisonable offences), for paragraph 3 substitute—

(3) (1) The defendant need not be granted bail if— (a) the defendant has attained the age of 18, and (b) the court is satisfied, otherwise than by reason only of concerns about the defendant’s mental health, that the defendant should be kept in custody for their own protection. (2) The defendant need not be granted bail if— (a) the defendant is a child or young person, and (b) the court is satisfied that the defendant should be kept in custody for their own welfare.

• (3) In Part 1A of that Schedule (defendants accused or convicted of imprisonable offences to which Part 1 does not apply), for paragraph 5 substitute—

(5) (1) The defendant need not be granted bail if— (a) the defendant has attained the age of 18, and (b) the court is satisfied, otherwise than by reason only of concerns about the defendant’s mental health, that the defendant should be kept in custody for their own protection. (2) The defendant need not be granted bail if— (a) the defendant is a child or young person, and (b) the court is satisfied that the defendant should be kept in custody for their own welfare.

• (4) In Part 2 of that Schedule (defendants accused or convicted of non-imprisonable offences), for paragraph 3 substitute—

(3) (1) The defendant need not be granted bail if— (a) the defendant has attained the age of 18, and (b) the court is satisfied, otherwise than by reason only of concerns about the defendant’s mental health, that the defendant should be kept in custody for their own protection. (2) The defendant need not be granted bail if— (a) the defendant is a child or young person, and (b) the court is satisfied that the defendant should be kept in custody for their own welfare.

• (5) The amendments made by this section apply in relation to any person who is before a court after the coming into force of this section.

Removal of interim remand patients to and from Channel Islands or Isle of Man

50

• (1) The Mental Health Act 1983 is amended as follows.

• (2) In section 83 (removal of patients to Channel Islands or Isle of Man) omit “(otherwise than by virtue of section 35, 36 or 38 above)”.

• (3) In section 85 (patients removed from Channel Islands or Isle of Man)—

• (a) in subsection (1) omit “(other than section 35, 36 or 38 above)”;

• (b) in subsection (2), after “shall” insert “(subject to subsection (2A))”;

• (c) after subsection (2) insert—

(2A) In relation to a patient treated by virtue of subsection (2) as liable to be detained under section 35, 36 or 38, this Act is to be read with the modifications set out in Schedule A2.

• (4) In section 91 (general provisions as to patients removed from England and Wales), in subsection (1) omit “(other than section 35, 36 or 38 above)”.

• (5) After Schedule A1 (as inserted by Schedule 2 to this Act) insert—

Schedule A2 (1) (1) In relation to a patient who is treated by virtue of section 85(2) as admitted to hospital in pursuance of an order made under section 35(1) (remand to hospital for report on accused’s mental condition), section 35 applies with the modifications set out in this paragraph. (2) Subsection (2) is to be omitted. (3) References to an “accused person” are to be read as references to the patient referred to in sub-paragraph (1). (4) References to “the court” are to be read as references to whichever of— (i) the Crown Court, and (ii) a magistrates’ court, has functions most closely corresponding to those of the court under whose order or direction the patient was liable to be detained immediately before the patient’s removal to England and Wales. (5) In subsection (5) for the words from the beginning to “him” there is to be substituted “The court may further remand an accused person”. (6) After subsection (5) there is to be inserted— (5A) The court may also further remand an accused person if it has been notified by the Secretary of State that— (a) the person is the subject of criminal proceedings in any of the Channel Islands or the Isle of Man, and (b) the Secretary of State is considering exercising the power in section 83 in relation to the accused person. (7) For subsection (7) there is to be substituted— (7) A remand under this section has effect for 28 days. (7A) Further periods of remand by the court may not be for more than 28 days at a time and an accused person may not be remanded for more than 12 weeks in all. (7B) Where the court further remands an accused person it must notify the Secretary of State of the period for which the person is further remanded. (7C) The court may at any time recommend to the Secretary of State that the accused person be returned to the island from which the person was removed. (8) In subsection (8), for “his remand to be terminated under subsection (7)” there is to be substituted “a recommendation to be made under subsection (7C)”. (9) In subsection (10), the words from “that remanded him” to the end are to be omitted. (2) (1) Section 36 (remand of accused person to hospital for treatment) applies— (a) in relation to a patient who is treated by virtue of section 85(2) as admitted to hospital in pursuance of an order made under section 35(1) (remand to hospital for report on accused’s mental condition), with the modifications set out in sub-paragraphs (2) to (8); (b) in relation to a patient who— (i) was treated by virtue of section 85(2) as admitted to hospital in pursuance of an order made under section 35(1), and (ii) is subsequently remanded under section 36(1) as it applies by virtue of paragraph (a), with the modifications set out in sub-paragraphs (3) to (8); (c) in relation to a patient who is treated by virtue of section 85(2) as admitted to hospital in pursuance of an order made under section 36(1), with the modifications set out in sub-paragraphs (3) to (8). (2) In subsection (1), in the words before paragaph (a), for “, instead of remanding an accused person in custody, remand him” there is to be substituted “remand an accused person”. (3) Subsection (2) is to be omitted. (4) References to an “accused person” are to be read as references to the patient referred to in sub-paragraph (1)(a), (b) or (c). (5) In subsection (4), for “warranted” there is to be substituted warranted— (a) because the court has been notified by the Secretary of State that— (i) the person is the subject of criminal proceedings in any of the Channel Islands or the Isle of Man, and (ii) the Secretary of State is considering exercising the power in section 83 in relation to the accused person, or (b) for other reasons (6) For subsection (6) there is to be substituted— (6) A remand under this section has effect for 28 days. (6A) Further periods of remand by the court may not be for more than 28 days at a time and an accused person may not be remanded for more than 12 weeks in all. (6B) Where the court further remands an accused person it must notify the Secretary of State of the period for which the person is further remanded. (6C) The court may at any time recommend to the Secretary of State that the accused person be returned to the island from which the person was removed. (7) In subsection (7) for “his remand to be terminated under subsection (6)” there is to be substituted “a recommendation to be made under subsection (6C)”; (8) Subsection (8) is to be read as applying subsection (10) of section 35 as modified by paragraph 1(9) of this Schedule. (3) (1) In relation to a patient who is treated by virtue of section 85(2) as admitted to hospital in pursuance of an order made under section 38(1) (interim hospital orders), section 38 applies with the modifications set out in this paragraph. (2) Subsection (2) is to be omitted. (3) References to “the court” are to be read as references to whichever of— (i) the Crown Court, and (ii) a magistrates’ court, has functions most closely corresponding to those of the court under whose order or direction the patient was liable to be detained immediately before the patient’s removal to England and Wales. (4) In subsection (5)— (a) in paragraph (b), for “warranted” there is to be substituted warranted— (i) because the court has been notified by the Secretary of State that— (A) the offender is the subject of criminal proceedings in any of the Channel Islands or the Isle of Man, and (B) the Secretary of State is considering exercising the power in section 83 in relation to the offender, or (ii) for other reasons (b) in the words after paragraph (b), the words from “and” to the end are to be omitted. (5) After subsection (5) there is to be inserted— (5A) Where the court renews the interim hospital order it must notify the Secretary of State of the period for which it is renewed. (5B) The court may at any time recommend to the Secretary of State that the offender be returned to the island from which the offender was removed. (6) In subsection (7), the words from “that made the order” to the end are to be omitted. (4) In relation to a patient referred to in paragraph 1(1), 2(1) or 3(1), in section 83 (removal of patients to Channel Islands or Isle of Man), for “in the interests of the patient” there is to be substituted “appropriate”.

Human Rights Act 1998: extension to certain private care providers

51

In the Mental Health Act 1983, after section 142B insert—

(142C) (1) A registered care provider is to be regarded for the purposes of section 6(3)(b) of the Human Rights Act 1998 as exercising a function of a public nature in providing any of the services mentioned in subsection (2) (to the extent that it would not otherwise be so regarded). (2) The services are— (a) after-care services provided in pursuance of arrangements made under section 117; (b) services provided in pursuance of arrangements made by a local authority in Scotland discharging its duty under section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003; (c) the provision of medical treatment for mental disorder or assessment in relation to mental disorder, for an in-patient at a hospital, but only where that treatment or assessment is arranged or paid for by an NHS body. (3) In this section— - “hospital” means any institution for the reception and treatment of people— suffering from mental disorder or other illness, convalescing, or requiring medical rehabilitation; - “illness” includes any injury or disability requiring medical treatment or nursing; - “NHS body”— in relation to England, has the meaning given by section 275(1) of the National Health Service Act 2006; in relation to Wales, has the meaning given by section 206(1) of the National Health Service (Wales) Act 2006; in relation to Scotland, a health board constituted by order made under section 2 of the National Health Service (Scotland) Act 1978; in relation to Northern Ireland means— the Department of Health, or a Health and Social Care Trust; - “registered care provider” means-- a person registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008, a person registered under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, a person providing— a care service which is registered under section 59 of the Public Services Reform (Scotland) Act 2010, or an independent health care service registered under section 10P of the National Health Service (Scotland) Act 1978, or a person registered under Part 3 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003.

Review of duty to notify incidents

52

• (1) The Secretary of State must carry out a review into—

• (a) whether regulation 18 of the Care Quality Commission (Registration) Regulations 2009 (S.I.2009/3112) (duty to notify incidents) ought to be extended to require a notification to be given in any other cases in which a person under the age of 18 is admitted to a hospital or registered establishment for medical treatment for, or assessment in relation to, mental disorder, and

• (b) whether the time period mentioned in regulation 18(2)(h) of those Regulations remains appropriate.

• (2) The Secretary of State must prepare and publish a report setting out the conclusions of the review.

• (3) The Secretary of State must lay a copy of the report before Parliament.

• (4) The report must be laid and published before the end of the period of 2 years beginning with the day on which this Act is passed.

• (5) In this section the following expressions have the meaning given by section 145 of the Mental Health Act 1983—

• “hospital”;

• “medical treatment”;

• “mental disorder”;

• “registered establishment”.

General

Power of Secretary of State to make consequential provision

53

• (1) The Secretary of State may by regulations made by statutory instrument make provision that is consequential on this Act.

• (2) 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.

• (3) In this section “primary legislation” means—

• (a) an Act, or

• (b) an Act or Measure of Senedd Cymru.

• (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.