The Mental Health Act

The Mental Health Act
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The Mental Health Act is reproduced under the terms of Crown Copyright Policy Guidance issued by HMSO

Below is a linked index to all the sections of the Mental Health Act.

You can quick jump from here to the different parts of the Act to save scrolling all the way down the list.

Application of Act	Compulsory admission and guardianship	Patients concerned in criminal proceedings	Consent to treatment	Mental Health Review Tribunals
Removal and return of Patients within United Kingdom, etc	Management of Property and Affairs of Patients	Miscellaneous Functions of Local Authorities and The Secretary of State	Offences	Miscellaneous and Supplementary

Part 1

Application of Act.

Section 1 Application of Act: "mental disorder".

Part 2 Compulsory Admission to Hospital and Guardianship.

Section 2 Application for Assessment.
Section 3 Application for Treatment.
Section 4 Application for assessment in cases of emergency.
Section 5 Application in respect of patient already in hospital.
Section 6 Effect of application for admission.
Section 7 Application for guardianship.
Section 8 Effect of guardianship application.
Section 9 Regulations as to Guardianship.
Section 10 Transfer of guardianship in case of death, incapacity, etc. of guardian.
Section 11 General provisions as to applications.
Section 12 General provisions as to medical recommendations.
Section 13 Duty of approved social workers to make applications for admission or guardianship.
Section 14 Social reports.
Section 15 Rectification of applications and recommendations.
Section 16 Reclassification of patients.
Section 17 Leave of absence from hospital.
Section 18 Return and readmission of patients absent without leave.
Section 19 Regulations as to transfer of patients.
Section 20 Duration of authority.
Section 21 Special provisions as to patients absent without leave.
Section 21a Patients who are taken into custody or return within 28 days.
Section 21b Patients who are taken into custody or return after more than 28 days.
Section 22 Special provisions as to patients sentenced to imprisonment, etc.
Section 23 Discharge of patients.
Section 24 Visiting and examination of patients.
Section 25 Restrictions on discharge by nearest relative.
Section 25a Application for Supervision.
Section 25b Making of Supervision application.
Section 25c Supervision applications: Supplementary.
Section 25d Requirements to secure receipt of after-care under supervision.
Section 25e Review of after-care under supervision, etc.
Section 25f Reclassification of patient subject to after-care under supervision.
Section 25g Duration and renewal of after-care under supervision.
Section 25h Ending of after-care under supervision.
Section 25i Special provisions as to patients sentenced to imprisonment etc.
Section 25j Patients moving from Scotland to England and Wales.
Section 26 Definition of 'relative' and 'nearest relative'.
Section 27 Children and young persons in care.
Section 28 Nearest relative of minor under guardianship, etc.
Section 29 Appointment by court of acting nearest relative.
Section 30 Discharge and variation of orders under section 29.
Section 31 Procedure on applications to county court.
Section 32 Regulations for purposes of Part II.
Section 33 Special provisions as to wards of court.
Section 34 Interpretation of Part II.

Part 3 Patients concerned in Criminal Proceedings or under Sentence.

Section 35 Remand to hospital for report on accused's mental condition.
Section 36 Remand of accused person to hospital for treatment.
Section 37 Powers of courts to order hospital admission or guardianship.
Section 38 Interim hospital orders.
Section 39 Information as to hospitals.
Section 39a Information to facilitate guardianship orders.
Section 40 Effect of hospital orders, guardianship orders and interim hospital orders.
Section 41 Power of higher courts to restrict discharge from hospital.
Section 42 Powers of Secretary of State in respect of patients subject to restriction orders.
Section 43 Power of magistrates' courts to commit for restriction order.
Section 44 Committal to hospital under section 43.
Section 45 Appeals from magistrates courts.
Section 46 Persons ordered to be kept in custody during Her Majesty's pleasure.
Section 47 Removal to hospital of persons serving sentences of imprisonment, etc.
Section 48 Removal to hospital of other prisoners.
Section 49 Restriction on discharge of prisoners removed to hospital.
Section 50 Further provisions as to prisoners under sentence.
Section 51 Further provisions as to detained persons.
Section 52 Further provisions as to persons remanded by magistrates' courts.
Section 53 Further provisions as to civil prisoners and persons detained under the Immigration Act 1971.
Section 54 Requirements as to medical evidence.
Section 54a Reduction of period for making hospital orders.
Section 55 Interpretation of Part III.

Part 4 Consent to treatment

Section 56 Patients to whom Part IV applies.
Section 57 Treatment which requires consent and a second opinion.
Section 58 Treatment requiring consent or a second opinion.
Section 59 Plans of treatment.
Section 60 Withdrawal of consent.
Section 61 Review of treatment.
Section 62 Urgent treatment.
Section 63 Treatment not requiring consent.
Section 64 Supplementary provisions for Part IV.

Part 5 Mental Health Review Tribunals

Section 65 Mental Health Review Tribunals.
Section 66 Applications to tribunals.
Section 67 References to tribunals by Secretary of State concerning Part II patients.
Section 68 Duty of managers of hospitals to refer cases to tribunals.
Section 69 Applications to tribunals concerning patients subject to hospital and guardianship orders.
Section 70 Applications to tribunals concerning restricted patients.
Section 71 References by Secretary of State concerning restricted patients.
Section 72 Powers of tribunals.
Section 73 Power to discharge restricted patients.
Section 74 Restricted patients subject to restriction directions.
Section 75 Applications and references concerning conditionally discharged restricted patients.
Section 76 Visiting and examination of patients.
Section 77 General provisions concerning tribunal applications.
Section 78 Procedure of tribunals.
Section 79 Interpretation of Part 5.

Part 6 Removal and return of Patients within United Kingdom, etc.

Section 80 Removal of patients to Scotland.
Section 81 Removal of patients to Northern Ireland.
Section 82 Removal to England and Wales of patients from Northern Ireland .
Section 83 Removal of patients to the Channel Islands or Isle of Man.
Section 84 Removal to England and Wales of offenders found insane in Channel Islands and Isle of Man.
Section 85 Patients removed from Channel Islands or Isle of Man.
Section 86 Removal of alien patients.
Section 87 Patients absent from hospitals in Northern Ireland.
Section 88 Patients absent from hospitals in England and Wales.
Section 89 Patients absent from hospitals in the Channel Islands or Isle of Man.
Section 90 Regulations for purposes of part six.
Section 91 General provisions as to patients removed from England and Wales.
Section 92 Interpretation of part six.

Part 7 Management of Property and Affairs of Patients.

Section 93 Judicial authorities and Court of Protection.
Section 94 Exercise of judge's function: "the patient".
Section 95 General functions of the judge with respect to property and affairs of patient.
Section 96 Powers of the judge as to patients property and affairs.
Section 97 Supplementary provisions as to wills executed under section 96.
Section 98 Judge's powers in cases of emergency.
Section 99 Power to appoint receiver.
Section 100 Vesting of stock in curator appointed outside England and Wales.
Section 101 Preservation of interests in patients property.
Section 102 Lord Chancellor's Visitors.
Section 103 Functions of Visitors.
Section 104 General powers of the judge with respect to proceedings.
Section 105 Appeals.
Section 106 Rules of procedure.
Section 107 Security and accounts.
Section 108 General provisions as to rules under Part 7.
Section 109 Effect and proof of orders, etc.
Section 110 Reciprocal arrangements in relation to Scotland and Northern Ireland as to exercise of powers.
Section 111 Construction of references in other Acts to judge or authority having jurisdiction under Part 7.(not detailed).
Section 112 Interpretation of Part 7.(not detailed).
Section 113 Disapplication of certain enactments in relation to persons within the jurisdiction of the judge. (not detailed).

Part 8 Miscellaneous Functions Of Local Authorities and the Secretary of State.

Section 114 Appointment of approved social workers.
Section 115 Powers of entry and inspection.
Section 116 Welfare of certain hospital patients.
Section 117 After-care.
Section 118 Code of practice.
Section 119 Practitioners approved for purposes of Part 4 and section 118.
Section 120 General protection of detained patients.
Section 121 Mental Health Act Commission.
Section 122 Provision of pocket money for in-patients in hospital.
Section 123 Transfers to and from special hospitals.
Section 124 Default powers of Secretary of State.
Section 125 Inquiries.

Part 9 Offences

Section 126 Forgery, false statements, etc.
Section 127 Ill treatment of patients.
Section 128 Assisting patients to absent themselves without leave, etc.
Section 129 Obstruction.
Section 130 Prosecutions by local authorities.

Part 10 Miscellaneous provisions

Section 131 Informal admission of patients.
Section 132 Duty of managers to give information to detained patients.
Section 133 Duty of hospital managers to inform nearest relatives of discharge.
Section 134 Correspondence of patients.
Section 135 Warrant to search for and remove patients.
Section 136 Mentally disordered persons found in public places.
Section 137 Provisions as to custody, conveyance and detention.
Section 138 Retaking of patients escaping from custody.
Section 139 Protection for acts done in pursuance of this Act.
Section 140 Notification of hospitals having arrangements for reception of urgent cases.
Section 141 Members of Parliament suffering from mental illness.
Section 142 Pay, pensions, etc., of mentally disordered persons.
Section 143 General provisions as to regulations, orders and rules.
Section 144 Power to amend local Acts.
Section 145 Interpretation.
Section 146 Application to Scotland.
Section 147 Application to Northern Ireland.
Section 148 Consequential and transitional provisions and appeals.
Section 149 Short title, commencement and application to Scilly Isles.