Mental Health Act 1983

Section 148.

SCHEDULE 4E+W Consequential Amendments

1In the M1Fines and Recoveries Act 1833—

(a)in section 33 for the words “the M2Mental Health Act 1959” and “Part VIII” there shall be substituted respectively the words “ the Mental Health Act 1983 ”and “ Part VII ”;

(b)in sections 48 and 49 for the references to the judge having jurisdiction under Part VIII of the Mental Health Act 1959 there shall be substituted references to the judge having jurisdiction under Part VII of this Act.

2In section 68 of the M3Improvement of Land Act 1864 for the words “Part VIII of the Mental Health Act 1959” there shall be substituted the words “ Part VII of the Mental Health Act 1983 ”.

3E+WIn section 10(3) of the M4Colonial Prisoners Removal Act 1884 for the words “section seventy-one of the Mental Health Act 1959”, “section seventy-two” and “section seventy-four” there shall be substituted respectively the words “ section 46 of the Mental Health Act 1983 ”, “ section 47 ”and “ section 49 ”.

4In the M5Trustee Act 1925—

(a)in section 36(9) for the words “the Mental Health Act 1959” and “Part VIII of the Mental Health Act 1959” there shall be substituted respectively the words “ the Mental Health Act 1983 ”and “ Part VII of the Mental Health Act 1983 ”;

(b)in section 41(1) for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”;

(c)in section 54—

(i)in subsection (1) for the words “Part VIII of the Mental Health Act 1959” there shall be substituted the words “ Part VII of the Mental Health Act 1983 ”; and

(ii)in subsection (3) for the words “section one hundred and one of the Mental Health Act 1959” and “exercisable and have been exercised under section one hundred and four” there shall be substituted respectively the words “ section 94 of the Mental Health Act 1983 ”and “ exercisable under section 98 of that Act and have been exercised under that section or section 104 of the Mental Health Act 1959 ”;

(d)in section 55 except so far as it applies to existing orders made before the commencement of this Act, for the words “Part VIII of the Mental Health Act 1959” there shall be substituted the words “ Part VII of the Mental Health Act 1983 ”.

5In the M6Law of Property Act 1925—

(a)in section 22(1) for the words “Part VIII of the Mental Health Act 1959” there shall be substituted the words “ Part VII of the Mental Health Act 1983 ; ”

(b)in section 205(1)(xiii) for the words “section four of the Mental Health Act 1959” and “Part VIII” there shall be substituted respectively the words “ section 1 of the Mental Health Act 1983 ”and “ Part VIII of the Mental Health Act 1959 or Part VII of the said Act of 1983 . ”

6In section 111 of the M7Land Registration Act 1925—

(a)in subsection (5) for the words “the Mental Health Act 1959” and “Part VIII of the Mental Health Act 1959” there shall be substituted respectively the words “ the Mental Health Act 1983 ”and “ Part VII of the Mental Health Act 1983 ”; and

(b)in subsection (6) for the words “Part VIII of the Mental Health Act 1959” there shall be substituted the words “ Part VII of the Mental Health Act 1983 ”.

7In paragraph (ii) of the proviso to section 41(1) of the M8Administration of Estates Act 1925 for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”.

8E+WIn sections 4(1) and 11(3)(b) of the M9Polish Resettlement Act 1947 for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”.

9In section 1(4) of the M10U.S.A. Veterans’ Pensions (Administration) Act 1949 after the words “curator bonis” there shall be inserted the words “ or for whom a receiver has been appointed under section 105 of the Mental Health Act 1959 or section 99 of the Mental Health Act 1983 ”.

10E+WIn section 116(7) of the M11Army Act 1955 for the words “section 71 of the Mental Health Act 1959” and “within the meaning of the Mental Health Act 1959” there shall be substituted respectively the words “ section 46 of the Mental Health Act 1983 ”and “ within the meaning of the Mental Health Act 1983 ”.

11E+WIn section 116(7) of the M12Air Force Act 1955 for the words “section 71 of the Mental Health Act 1959” and “within the meaning of the Mental Health Act 1959” there shall be substituted respectively the words “ section 46 of the Mental Health Act 1983 ” and “ within the meaning of the Mental Health Act 1983 ”.

F112E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13E+WIn section 71(6) of the M13Naval Discipline Act 1957 for the words “section 71 of the Mental Health Act 1959” and “within the meaning of the Mental Health Act 1959” there shall be substituted respectively the words “ section 46 of the Mental Health Act 1983 ” and “ within the meaning of the Mental Health Act 1983 ”.

14In section 1 of the M14Variation of Trusts Act 1958—

(a)in subsection (3) for the words “Part VIII of the Mental Health Act 1959” and “the said Part VIII” there shall be substituted respectively the words “ Part VII of the Mental Health Act 1983 ” and “ the said Part VII ”; and

(b)in subsection (6) for the words “Part VIII of the Mental Health Act 1959” there shall be substituted the words “ Part VII of the Mental Health Act 1983 ”.

15In section 128(1)(b) of the M15Mental Health Act 1959 for the words “this Act” in both places where they occur there shall be substituted the words “ the Mental Health Act 1983 ”.

16E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

17E+WIn section 5 of the M16Administration of Justice Act 1960—

(a)in subsection (4) for the words “Part V of the Mental Health Act 1959” and the words “the said Part V” there shall be substituted respectively the words “ Part III of the Mental Health Act 1983 (other than under section 35, 36 or 38) ” and “ the said Part III ”; and

(b)in subsection (4A) for the words “section 31 of the Mental Health (Amendment) Act 1982”, “Part V of the said Act of 1959” and “the said section 31” there shall be substituted respectively “ section 38 of the Mental Health Act 1983 ”, “ Part III of the said Act of 1983 ” and “ the said section 38 ”.

18E+WIn the M17Criminal Procedure (Insanity) Act 1964—

(a)in section 8(2) for the words “the Mental Health Act 1959”, “Part V” and “sections 139 to 141” there shall be substituted respectively the words “ the Mental Health Act 1983 ”, “ Part III ” and “ sections 137 to 139 ”;

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19In section 18 of the M18Administration of Justice Act 1965 for the words “Part VIII of the Mental Health Act 1959” there shall be substituted the words “ Part VII of the Mental Health Act 1983 ”.

20In paragraph 1(2)(b) of Schedule 1 to the M19Compulsory Purchase Act 1965 at the end there shall be inserted the words “ or section 98 of the Mental Health Act 1983 ”.

21E+WIn the M20Criminal Justice Act 1967—

(a)in section 72(1)(b) for the words “section 40 or 140 of the Mental Health Act 1959 or section 31(8) of the Mental Health (Amendment) Act 1982” there shall be substituted the words “ section 18, 38(7) or 138 of the Mental Health Act 1983 ”;

(b)in section 72(3) for the words “Section 139 of the Mental Health Act 1959” and “the said Act of 1959” there shall be substituted respectively the words “ Section 137 of the Mental Health Act 1983 ” and “ the said Act of 1983 ”;

(c)in section 72(4) for the words “Part V of the Mental Health Act 1959”, “section 31 of the Mental Health (Amendment) Act 1982” and “Part V of the said Act of 1959” there shall be substituted respectively the words “ Part III of the Mental Health Act 1983 ”, “ section 38 of the said Act of 1983 ” and “ Part III of the said Act of 1983 ”.

22In section 26(2) of the M21Leasehold Reform Act 1967 for the words “the Mental Health Act 1959”, “appointed under Part VIII of that Act” and “having jurisdiction under Part VIII of that Act” there shall be substituted respectively the words “ Mental Health Act 1983 ”, “ appointed under Part VII of the said Act of 1983 or Part VIII of the Mental Health Act 1959 ” and “ having jurisdiction under Part VII of the said Act of 1983 ”.

23In the M22Criminal Appeal Act 1968—

F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in section 8(3) after the words “Part V of the Mental Health Act 1959” there shall be inserted the words “ or under Part III of the Mental Health Act 1983 (other than under section 35, 36 or 38 of that Act) ”;

(c)in section 8(3A)—

(i)for the words “section 30 of the Mental Health (Amendment) Act 1982” there shall be substituted the words “ section 36 of the Mental Health Act 1983 ”;

(ii)for the words “section 31 of that Act” there shall be substituted the words “ section 38 of that Act ”; and

(iii)for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “ Part III of that Act ”;

(d)in section 11—

(i)in subsection (5) for the words “the Mental Health (Amendment) Act 1982” there shall be substituted the words “ the Mental Health Act 1983 ”; and

(ii)in subsection (6)(b) for the words “section 31(8) of the said Act of 1982” there shall be substituted the words “ section 38(7) of the said Act of 1983 ”.

F4(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)in section 37(4) for the words “Part V of the Mental Health Act 1959” and “the Mental Health Act 1959” there shall be substituted respectively the words “ Part III of the Mental Health Act 1983 (otherwise than under section 35, 36 or 38 of that Act) ” and “ the Mental Health Act 1983 ”;

(h)in section 37(4A) for the words “section 30 of the Mental Health (Amendment) Act 1982”, “section 31” and “Part V of the said Act of 1959” wherever they occur there shall be substituted respectively the words “ section 36 of the Mental Health Act 1983 ”, “ section 38 ” and “ Part III of the said Act of 1983 ”;

(i)in section 50(1), for the words from “Part V” to “1982” there shall be substituted the words “ Part III of the Mental Health Act 1983, with or without a restriction order, and an interim hospital order under that Part ”;

(j)in section 51(2) for the words “section 147(1) of the Mental Health Act 1959” there shall be substituted the words “ section 145(1) of the Mental Health Act 1983 ”;

F4(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(n)in Schedule 3—

(i)in the heading to the Schedule for the words “PART V OF MENTAL HEALTH ACT 1959” there shall be substituted the words “ PART III OF MENTAL HEALTH ACT 1983 ”; and

(ii)for paragraph 2 there shall be substituted—

“2 Order for continued detention under Act of 1983

Where an order is made by the Court of Appeal under section 16(3) of this Act for a person’s continued detention under the Mental Health Act 1983, Part III of that Act (patients concerned in criminal proceedings or under sentence) shall apply to him as if he had been ordered under the said section 16(3) to be kept in custody pending trial and were detained in pursuance of a transfer direction together with a restriction direction.”

24E+WIn the M23Courts-Martial (Appeals) Act 1968—

(a)in sections 20(4) and 43(4) for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “ Part III of the Mental Health Act 1983 ”;

(b)in section 23, in subsection (1) for the words “section 71 of the Mental Health Act 1959” there shall be substituted the words “ section 46 of the Mental Health Act 1983 ” and in subsection (2) for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”;

(c)in section 25(4) for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”.

25In section 21(4) of the M24Family Law Reform Act 1969 for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”;

26E+WIn the M25Children and Young Persons Act 1969— F5

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)in section 12(4) for the words “section 28 of the Mental Health Act 1959”, “Part V” and “the said Act of 1959” there shall be substituted respectively the words “ section 12 of the Mental Health Act 1983 ”, “ Part III ” and “ the said Act of 1983 ”;

(e)in paragraph 7(7) of Schedule 4 for the words from the beginning to “1959” there shall be substituted the words “ A restriction direction which was given under section 49 of the Mental Health Act 1983 ”.

27E+WIn Schedule 1 to the M26Local Authorities Social Services Act 1970—

(a)in the entry relating to the Mental Health Act 1959, in the first column for the words “Parts II to VI and IX” there shall be substituted the words “ sections 8 and 9 ” and for the entry in the second column there shall be substituted the words “ Welfare and accommodation of mentally disordered persons. ”;

(b)there shall be inserted at the end—

(c)the entry relating to the M27Mental Health (Amendment) Act 1982 shall cease to have effect.

28E+WIn section 57(1) of the M28Courts Act 1971 for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “ Part III of the Mental Health Act 1983 ”.

29In Schedule 1 to the M29Tribunals and Inquiries Act 1971, in the second column of the entry relating to the Mental Health Review Tribunals for the words following “Tribunals” there shall be substituted the words “constituted or having effect as if constituted under section 65 of the Mental Health Act 1983 (c. 20)”.

30In section 30(2) of the M30Immigration Act 1971 for the words from the beginning to “1960)” there shall be substituted the words “ Under section 82 of the Mental Health (Scotland) Act 1960 ” and the words from “and accordingly” onwards shall be omitted.

31E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

32In section 118 of the M31Local Government Act 1972—

(a)in subsection (1) for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”; and

(b)in subsection (4) for the words “Part VIII of the said Act of 1959” there shall be substituted the words “ Part VII of the said Act of 1983 ”.

33In the M32Costs in Criminal Cases Act 1973—

(a)in section 3(7) for the words from “under Part V” to “1982” there shall be substituted the words “ and an interim hospital order under Part III of the Mental Health Act 1983 ”; and

(b)in section 18(1)(c) for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “ Part III of the Mental Health Act 1983 ”.

34E+WIn section 12(d) of the M33Matrimonial Causes Act 1973 for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”.

F735E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36In section 3 of the M34Powers of Criminal Courts Act 1973—

(a)in subsection (1) for the words “section 28 of the Mental Health Act 1959” and “Part V of that Act” there shall be substituted respectively the words “ section 12 of the Mental Health Act 1983 ” and “ Part III of that Act ”;

(b)in subsection (2) for the words “hospital or mental nursing home within the meaning of the Mental Health Act 1959” and “that Act” there shall be substituted respectively the words “ hospital within the meaning of the Mental Health Act 1983 or mental nursing home within the meaning of the Nursing Homes Act 1975 ” and “ the National Health Service Act 1977 ”; and

(c)in subsection (7) for the words “Subsections (2) and (3) of section 62 of the Mental Health Act 1959” and “section 60(1)(a)” there shall be substituted respectively the words “ Subsections (2) and (3) of section 54 of the Mental Health Act 1983 ” and “ section 37(2)(a) ”.

37In Group D in Schedule 1 to the M35Juries Act 1974 for the words “section 33 of the Mental Health Act 1959”, “Part VIII of that Act” and “the said Act of 1959” there shall be substituted respectively the words “ section 7 of the Mental Health Act 1983 ”, “ Part VII of that Act ” and “ the said Act of 1983 ”.

38In the M36Solicitors Act 1974—

(a)in section 12(1)(j) for the words “section 101 of the Mental Health Act 1959” and “section 104 of that Act” there shall be substituted respectively the words “ section 94 of the Mental Health Act 1983 ” and “ section 104 of the Mental Health Act 1959 or section 98 of the said Act of 1983 ”;

(b)in section 62(4)(c) for the words “under Part VIII of the Mental Health Act 1959” there shall be substituted the words “ appointed under Part VII of the Mental Health Act 1983 ”;

(c)in paragraph 1(1)(f) of Schedule 1 for the words “section 104 (emergency powers) or 105 (appointment of receiver) of the Mental Health Act 1959” there shall be substituted the words “ section 104 of the Mental Health Act 1959 or section 98 of the Mental Health Act 1983 (emergency powers) or section 105 of the said Act of 1959 or section 99 of the said Act of 1983 (appointment of receiver) ”.

39E+WIn section 5(7) of the M37Rehabilitation of Offenders Act 1974 for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “ Part III of the Mental Health Act 1983 ”.

40E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

41E+WIn the M38Criminal Procedure (Scotland) Act 1975—

(a)in sections 13(1)(b) and 322(1)(b) for the words “section 40 or 140 of the Mental Health Act 1959, section 31(8) of the Mental Health (Amendment) Act 1982” there shall be substituted the words “ section 18, 38(7) or 138 of the Mental Health Act 1983 ”;

(b)in sections 13(3) and 322(3) for the words “Section 139 of the Mental Health Act 1959” and “the said Act of 1959” there shall be substituted respectively “ Section 137 of the Mental Health Act 1983 ” and “ the said Act of 1983 ”;

(c)in sections 13(4) and 322(4) for the words “Part V of the Mental Health Act 1959”, “section 31 of the Mental Health (Amendment) Act 1982” and “Part V of the said Act of 1959” there shall be substituted respectively the words “ Part III of the Mental Health Act 1983 ”, “ section 38 of the said Act of 1983 ” and “ Part III of the said Act of 1983 ”.

42E+WIn Part II of Schedule 1 to the M39House of Commons Disqualification Act 1975 in the entry relating to Mental Health Review Tribunals for the words “constituted under the Mental Health Act 1959” there shall be substituted the words “ constituted or having effect as if constituted under the Mental Health Act 1983 ”.

43E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

F1044E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45In section 32(6)(c) of the M40Adoption Act 1976 for the words “the Mental Health Act 1959 or the Mental Health (Amendment) Act 1982” there shall be substituted the words “the Mental Health Act 1983”.

46E+WIn section 3(6B) of the M41Bail Act 1976 for the words “section 28 of the Mental Health Act 1959” there shall be substituted the words “ section 12 of the Mental Health Act 1983 ”.

47In the M42National Health Service Act 1977—

(a)in section 4 for the words “the Mental Health Act 1959 or the Mental Health (Amendment) Act 1982” there shall be substituted the words “the Mental Health Act 1983”;

(b)in section 105(1) for the words “Part IV of the Mental Health Act 1959” there shall be substituted the words “Part II of the Mental Health Act 1983”;

(c)in section 105(3) the words “or the Mental Health Act 1959” shall be omitted;

(d)in section 128(1), in the definition of “illness”, for the words “the Mental Health Act 1959” there shall be substituted the words “the Mental Health Act 1983”;

(e)in paragraph 2 of Schedule 8—

(i)for sub-paragraph (1)(d) there shall be substituted—

(f)in paragraph 13(1)(b) of Schedule 14 for the words “80 to 83, 86 to 91, 93 and 96” there shall be substituted “80 to 82, 96”.

48E+WIn section 16A(1)(b)(ii) of the M43National Health Service (Scotland) Act 1978 for the words “section 10 of the Mental Health Act 1959” there shall be substituted the words “ section 116 of the Mental Health Act 1983 ”.

F1149E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1250E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1351E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52In the M44Residential Homes Act 1980—

(a)in section 1(3)(a) for the words “section 147(1) of the Mental Health Act 1959” there shall be substituted the words “ section 145(1) of the Mental Health Act 1983 ”; and

(b)in section 10(1) for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”.

53In paragraph 2(a) of Schedule 2 to the M45Reserve Forces Act 1980 for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”.

54In section 31(2)(c) of the M46Transport Act 1980 for the words “Part VIII of the Mental Health Act 1959” there shall be substituted the words “ Part VII of the Mental Health Act 1983 ”.

55In section 38 of the M47Limitation Act 1980—

(a)in subsection (3) for the words “Mental Health Act 1959” there shall be substituted the words “ Mental Health Act 1983 ”; and

(b)in subsection (4)—

(i)in paragraph (a), for the words “the Mental Health Act 1959 or section 30 or 31 of the Mental Health (Amendment) Act 1982” there shall be substituted the words “ the Mental Health Act 1983 (otherwise than by virtue of section 35 or 89) ”; and

(ii)for paragraph (b) there shall be substituted—

56In section 57(2)(c) of the M49Public Passenger Vehicles Act 1981 for the words “Part VIII of the Mental Health Act 1959” there shall be substituted the words “ Part VII of the Mental Health Act 1983 ”.

57E+WIn the M50Contempt of Court Act 1981—

(a)in section 14(4) for the words “section 60 of the Mental Health Act 1959” and “section 31 of the Mental Health (Amendment) Act 1982” there shall be substituted respectively the words “ section 37 of the Mental Health Act 1983 ” and “ section 38 of that Act ”; and

(b)in section 14(4A) for the words “section 29 of the said Act of 1982” there shall be substituted the words “ section 35 of the said Act of 1983 ”.

(c)in paragraph 10(b) of Schedule 1 for the words “paragraph (b) of subsection (2) of section 76 of the Mental Health Act 1959” there shall be substituted the words “ section 51(5) of the Mental Health Act 1983 ”.

58In the M51Supreme Court Act 1981—

(a)in section 48(6)(a) for the words “Part V of the Mental Health Act 1959” and “the Mental Health (Amendment) Act 1982” there shall be substituted respectively the words “ Part III of the Mental Health Act 1983 ”; and “ that Act ”;

(b)in section 48(7) for the words “the said Act of 1982” there shall be substituted the words “ the said Act of 1983 ”; and

(c)in section 48(8)(b) for the words “section 31(8) of the said Act of 1982” there shall be substituted the words “ section 38(7) of the said Act of 1983 ”.

59E+WIn section 13(9) of the M52Armed Forces Act 1981 or the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”.

60E+WIn paragraph 9 of Schedule 1 to the M53British Nationality Act 1981—

(a)in sub-paragraph (1)(b) for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “ Part III of the Mental Health Act 1983” ”; and

(b)in sub-paragraph (2)(b) for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “ Part III of the Mental Health Act 1983” . ”

61E+WIn the M54Mental Health (Amendment) Act 1982—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

(b)in section 70(3) for the words “Section 154(2) of the principal Act” there shall be substituted the words “ Section 149(4) of the Mental Health Act 1983” ”.