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Mental Health Act 1983
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Changes over time for: Part II
Changes to legislation:
Mental Health Act 1983, Part II is up to date with all changes known to be in force on or before 19 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied by 1996 c. 46 Sch. 2 para. 9(replacing1968 c 20 s. 23) (Act applied (prosp.) by 1968 c. 20, s. 23(4) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2, para. 9 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))
- Act applied by 1996 c. 46 Sch. 2 para. 4(replacing1957 c 53 s. 63) (Act applied (prosp.) by 1957 c. 53, s. 63C(6) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2, para. 4 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))
- Act applied by 1996 c. 46 Sch. 2 para. 1(replacing1955 c 19 s. 116) (Act applied (prosp.) by 1955 c. 19, s. 116C(6) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2 para. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix))
- Act applied by 1996 c. 46 Sch. 2 para. 1(replacing1955 c 18 s 116) (Act applied (prosp.) by 1955 c. 18, s. 116C(6) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2 para. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))
- Act power to applied by 1996 c. 46 Sch. 2 para. 4(replacing1957 c 53 s. 63) (Act: Power to apply conferred (prosp.) by 1957 c. 53, s. 63B(4)(c) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2, para. 4 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))
- Act power to applied by 1996 c. 46 Sch. 2 para. 1(replacing1955 c 19 s. 116) (Act: Power to apply conferred (prosp.) by 1955 c. 19, s. 116B(4)(c) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2, para. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))
- Act power to applied by 1996 c. 46 Sch. 2 para. 1(replacing1955 c 18 s 116) (Act: Power to apply conferred (prosp.) by 1955 c. 18, s. 116B(4)(c) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2 para. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 74(8) inserted by 2015 c. 2 Sch. 3 para. 3(3)
Part IIE+W Patients Subject to Special Restrictions
1E+WSections F1... 32 and 76 shall apply in relation to the patient without modification.
Textual Amendments
F1 Words in Sch. 1 Pt. 2 para. 1 omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 39(3)(b); S.I. 2012/1319, art. 2(3)
2E+WSections [F217, 18, 19] , 22, 23 and 34 shall apply in relation to the patient with the modifications specified in paragraphs 3 to 8 below.
Textual Amendments
F2Words in Sch. 1 Pt. 2 para. 2 substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 37(2) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
3E+WIn section 17—
(a)in subsection (1) after the word “may” there shall be inserted the words “with the consent of the Secretary of State”;
[F3(aa)subsections (2A) and (2B) shall be omitted;]
(b)in subsection (4) after the words [F4“the responsible clinician” and after the words “that clinician”] there shall be inserted the words “or the Secretary of State”; and
(c)in subsection (5) after the word “recalled” there shall be inserted the words [F5 “by the responsible clinician”] , and for the words from “he has ceased” to the end of the subsection there shall be substituted the words “the expiration of the period of [F6twelve] months beginning with the first day of his absence on leave”.
Textual Amendments
F3Sch. 1 Pt. 2 para. 3(aa) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 33(3), 56 (with Sch. 10); S.I. 2008/1900, art. 2(j) (with art. 3, Sch.)
F4Words in Sch. 1 Pt. 2 para. 3(b) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 11(8)(a), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
F5Words in Sch. 1 Pt. 2 para. 3(c) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 11(8)(b), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
F6Words in Sch. 1, Pt. II, para. 3(c) substituted (1.4.1996 with application as mentioned in s. 3(3) of substituting Act) by 1995 c. 52, ss. 3(2)(3), 7(2)
4E+WIn section 18 there shall be omitted—
(a)in subsection (1) the words “subject to the provisions of this section”; and
(b)subsections (3), (4) and (5).
5E+WIn section 19—
(a)in subsection (1) after the word “may” in paragraph (a) there shall be inserted the words “with the consent of the Secretary of State”, and the words from “or into” to the end of the subsection shall be omitted;F7. . .
(b)in subsection (2) for the words from “as follows” to the end of the subsection there shall be substituted the words “as if the order or direction under Part III of this Act by virtue of which he was liable to be detained before being transferred were an order or direction for his admission or removal to the hospital to which he is transferred”; [F8and
(c)in subsection (3) after the words “may at any time” there shall be inserted the words “, with the consent of the Secretary of State,”.]
Textual Amendments
F7Words in Sch. 1 Pt. II immediately following para. 5(a) repealed (1.10.1997) by 1997 c. 43, ss. 49(4)(a), 56(2), Sch. 6; S.I. 1997/2200, art. 2
F8Sch. 1 Pt. II para. 5(c) and the word “and” immediately preceding it inserted (1.10.1997) by 1997 c. 43, s. 49(4)(b); S.I. 1997/2200, art. 2
[F96E+WIn section 22, subsections (1) and (5) shall not apply.]
Textual Amendments
F9Sch. 1 Pt. 2 para. 6 substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 37(3) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
7E+WIn section 23—
(a)in subsection (1) references to guardianship shall be omitted and after the word “made” there shall be inserted the words “with the consent of the Secretary of State and” and
(b)in subsection (2)—
(i)in paragraph (a) the words “for assessment or” and “or by the nearest relative of the patient” shall be omitted; and
(ii)paragraph (b) shall be omitted.
8E+WIn section 34, in subsection (1) the definition of “the nominated medical attendant” and subsection (3) shall be omitted.
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