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Mental Health Act 1959
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- UK Public General Acts
- 1959 c. 72 (Regnal. 7_and_8_Eliz_2)
- Part IX
- Miscellaneous provisions
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There are currently no known outstanding effects for the Mental Health Act 1959, Cross Heading: Miscellaneous provisions.
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Miscellaneous provisionsU.K.
132, 133.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W
Textual Amendments
F1Ss. 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entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W
Textual Amendments
F2Ss. 44, 77, 78, 131(2), 134, 144(2), 146, Sch. 7 Part II entry relating to: Representation of the People Act 1949 (c. 68) repealed by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 4 Pt. I
135—138.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3E+W
Textual Amendments
F3Ss. 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entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
139—141. SupplementalE+W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
Textual Amendments
F4Ss. 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entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
142 Default powers of Minister.E+W
(1)Where the Minister is of opinion, on complaint or otherwise, that a [F5local social services authority] have failed to carry out functions conferred or imposed on the authority by or under this Act or have in carrying out those functions failed to comply with any regulations relating thereto, he may after such inquiry as he thinks fit make an order declaring the authority to be in default.
(2)[F6Section 68(4) of the National Health Service Act 2006, and section 28(4) of the National Health Service (Wales) Act 2006 (which relate] to orders declaring, among others, a local authority to be in default under that Act) shall apply in relation to an order under this section as they apply in relation to an order under that section.
Textual Amendments
F5Words substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 9(2)
F6Words in s. 142(2) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 24 (with Sch. 3 Pt. 1)
F7143 Inquiries. E+W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7S. 143 repealed (7.6.2005) by Inquiries Act 2005 (c. 12), s. 51(1), Sch. 2 para. 5, Sch. 3 (with ss. 44, 50); S.I. 2005/1432, art. 2
144 Expenses.E+W
(1)There shall be defrayed out of moneys provided by Parliament—
(a)any expenses incurred by the Minister or a Secretary of State under this Act;
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
(c)any increase attributable to this Act in the sums payable out of moneys provided by Parliament under any other enactment.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
Textual Amendments
F8Ss. 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
F9Ss. 44, 77, 78, 131(2), 134, 144(2), 146, Sch. 7 Part II entry relating to: Representation of the People Act 1949 (c. 68) repealed by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 4 Pt. I
145 General provisions as to regulations, orders and rules.E+W+S
(1)Any power of the Minister F10... to make regulations, orders or rules under this Act shall be exercisable by statutory instrument.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
Textual Amendments
F10Words in s. 145 repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 51, Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 11(e), 30(b)
F11Ss. 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
146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12E+W
Textual Amendments
F12Ss. 44, 77, 78, 131(2), 134, 144(2), 146, Sch. 7 Part II entry relating to: Representation of the People Act 1949 (c. 68) repealed by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 4 Pt. I
147, 148.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13E+W
Textual Amendments
F13Ss. 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
149 Minor and consequential amendments and repeals.E+W
(1)The enactments described in the first column of the Seventh Schedule to this Act shall have effect subject to the amendments specified in the second column of that Schedule, being minor amendments and amendments consequential on the foregoing provisions of this Act.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14
(3)—(5).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
Textual Amendments
F15Ss. 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
Modifications etc. (not altering text)
C1The text of s. 149(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
150 Application to Scotland.U.K.
The following provisions of this Act shall extend to Scotland, that is to say—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17
section one hundred and forty-five so far as applicable to any Order in Council extending to Scotland;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17
Part II of the Seventh Schedule;
Part II of the Eighth Schedule;
but except as aforesaid, and except so far as it relates to the interpretation or commencement of the said provisions, this Act shall not extend to Scotland.
Textual Amendments
F16Words repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3
F17Words repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18E+W
Textual Amendments
152 Application to Northern Ireland.E+W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19, this Act shall not extend to Northern Ireland.
Textual Amendments
F19Words repealed by S.I. 1986/595 (N.I. 4), art. 138, Sch. 7
153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20E+W
Textual Amendments
F20Ss. 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
154 Short title and application to Scilly Isles.E+W
(1)This Act may be cited as the Mental Health Act 1959.
(2)[F21Section 278(4) of the National Health Service Act 2006 (which provides for the application] of that Act to the Isles of Scilly) shall have effect as if the references to that Act included references to this Act.
Textual Amendments
F21Words in s. 154(2) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 25 (with Sch. 3 Pt. 1)
Modifications etc. (not altering text)
C2S. 154(2) extended by Mental Health (Amendment) Act 1975 (c. 29), s. 2(4)
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