- Latest available (Revised)
- Point in Time (01/02/1991)
- Original (As enacted)
Version Superseded: 01/09/1992
Point in time view as at 01/02/1991.
There are currently no known outstanding effects for the Mental Health Act 1959, Part II.
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Modifications etc. (not altering text)
C1Pt. II amended by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1
Textual Amendments
[F2(1)For the purposes of subsection (8) of section twenty-one of the M1National Assistance Act 1948 (which restricts the duties of local authorities in respect of the provision of accommodation under that section by reference to the provision authorised or required to be made under other enactments) no account shall be taken of the provision authorised or required to be made by [F3local social services authorities] under [F4paragraph 2 of Schedule 8 to the M2National Health Service Act 1977], with respect to residential accommodation for persons who are or have been suffering from mental disorder.]
(2)[F5The persons referred to in subsection (1) of section twenty-nine of the said Act of 1948 (which section enables local authorities to make arrangements for promoting the welfare of blind persons and other disabled persons described in the said subsection (1)) shall include mentally disordered persons of any description; and] for the purposes of subsection (6) of that section (which, among other things, excludes from that section the provision of accommodation or services required to be provided under the M3National Health Service Act 1946), no account shall be taken of the provisions of [F6Schedule 8 to the M4National Health Service Act 1977], with respect to the provision of [F5accommodation or]services for such persons.
[F2(3)Subsection (2) of this section shall not affect the operation of the provisions of Part IV of the M5National Assistance Act 1948, relating to disabled persons’ homes or charities for disabled persons, but without prejudice to the provisions of Part III of this Act with respect to the registration of such homes.]
(4)Nothing in this section shall be construed as requiring a local authority to make provision for the same purposes both under . . . F7 Part III of the M6National Assistance Act 1948 [F8and under Schedule 8 to the M7National Health Service Act 1977].
Textual Amendments
F2S. 8(1)(3) repealed (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(2), 67(2), Sch. 10
F3Words substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 9(1)
F4Words substituted by National Health Service Act 1977 (c. 49), s. 129, Sch. 15 para. 24(1)
F5Words repealed ( prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(2), 67(2), Sch. 10
F6Words substituted by National Health Service Act 1977 (c. 49), s. 129, Sch. 15 para. 24(2)
F7Words repealed by National Health Service Act 1977 (c. 49), s. 129, Sch. 16
F8Words added by National Health Service Act 1977 (c. 49), s. 129, Sch. 15 para. 24(3)
Marginal Citations
(1)[F10A local social services authority] may accommodate in homes [F11provided under section 38 of the M8Children and Young Persons Act 1969] any child who, not being in their care within the meaning of Part II of [F11the M9Children Act 1948],is a person whose care or after-care is for the time being undertaken by that or any other authority . . . F12 in pursuance of arrangements made under [F13paragraph 2 of Schedule 8 to the M10National Health Service Act 1977], [F14or under section twenty-seven of the M11National Health Service (Scotland) Act 1947] for the care or after-care of persons who are or have been suffering from mental disorder.
[F15(2)Where any such child as is referred to in subsection (1) of this section is accommodated as mentioned in that subsection by a local social services authority; the authority may make such adjustments of their accounts as they consider appropriate.]
(3)Nothing in this Act, or in any other enactment, shall be construed as preventing a [F10local social services authority] from receiving into their care under section one of the M12Children Act 1948, a child who is mentally disordered, nor as preventing a [F10local social services authority] from accommodating in pursuance of such arrangements as aforesaid any child who is in the care of that or any other authority . . . F12
(4)In this section “child” has the same meaning as in the M13Children Act 1948.]
Textual Amendments
F9S. 9 repealed ( prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(7), Sch. 15
F10Words substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 9(3)
F11Words substituted by Children and Young Persons Act 1969 (c. 54), Sch. 5 para. 37
F12Words repealed by Local Government Act 1972 (c. 70), Sch. 30
F13Words substituted by National Health Service Act 1977 (c. 49), s. 129, Sch. 15 para. 25
F14Words inserted by Mental Health (Scotland) Act 1960 (c. 61), Sch. 4
F15S. 9(2) substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 9(3)
Marginal Citations
Textual Amendments
F16Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Textual Amendments
F17Ss. 11—13, Sch. 2 repealed by Education (Handicapped Children) Act 1970 (c. 52), Sch.
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