Mental Health Act 2025 (c. 33)

Mental Health Act 2025

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Mental Health Act 2025
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UK Public General Acts
2025 c. 33
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Introductory Text
Code of practice
1.
Principles to inform decisions
2.
Application of principles to Wales
Autism and learning disability
3.
Application of the Mental Health Act 1983: autism and learning disability
4.
People with autism or learning disability
Grounds for detention and community treatment orders
5.
Grounds for detention
6.
Grounds for community treatment orders
7.
Grounds for discharge by tribunal
Appropriate medical treatment
8.
Appropriate medical treatment: therapeutic benefit
9.
Remission or release of prisoners etc from hospital: treatment condition
The responsible clinician
10.
Nomination of the responsible clinician
Treatment
11.
Making treatment decisions
12.
Appointment of doctors to provide second opinions
13.
Medicine etc: treatment conflicting with a decision by or on behalf of a patient
14.
Medicine etc: treatment in other circumstances
15.
Electro-convulsive therapy etc
16.
Review of treatment
17.
Urgent treatment to alleviate serious suffering
18.
Urgent electro-convulsive therapy etc
19.
Remote assessment for treatment
20.
Capacity to consent to treatment
21.
Care and treatment plans
Community treatment orders
22.
Consultation of the community clinician
23.
Conditions of community treatment orders
Nominated persons
24.
Nominated person
25.
Applications for admission or guardianship: role of nominated person
26.
Discharge of patients: role of nominated person
27.
Community treatment orders: role of nominated person
28.
Transfer of patients: role of nominated person
Detention periods
29.
Detention periods
Periods for applications and references to tribunal
30.
Periods for tribunal applications
31.
References to tribunal
32.
References: restricted patients subject to deprivation of liberty conditions
33.
References: restricted patients not subject to deprivation of liberty conditions
Discharge: process
34.
Discharge: process
Patients concerned in criminal proceedings or under sentence
35.
Conditional discharge subject to deprivation of liberty conditions
36.
Transfers of prisoners and others to hospital: conditions
37.
Transfers of prisoners and others to hospital: time limits
38.
Transfer directions for persons detained in youth detention accommodation
39.
Minor amendment
Help and information for patients
40.
Independent mental health advocates
41.
Information about complaints for detained patients
42.
Information about complaints for community patients
43.
Information for conditionally discharged patients
44.
Advance choice documents
After-care
45.
Tribunal power to recommend after-care
46.
After-care services
Miscellaneous
47.
Tribunal powers in guardianship cases: burden of proof
48.
Removal of police stations and prisons as places of safety
49.
Remand for a person’s own protection etc
50.
Removal of interim remand patients to and from Channel Islands or Isle of Man
51.
Human Rights Act 1998: extension to certain private care providers
52.
Review of duty to notify incidents
General
53.
Power of Secretary of State to make consequential provision
54.
Power of Welsh Ministers to make consequential provision
55.
Extent
56.
Commencement
57.
Short title
Schedules
Schedule 1
Application of the 1983 Act to autism and learning disability: amendments and transitory provision
1.
Amendments of Part 2 of the Mental Health Act 1983
2.
In section 3 (admission for treatment), in subsection (2), for...
3.
In section 7 (application for guardianship), in subsection (2), for...
4.
(1) Section 17A (community treatment orders) is amended as follows....
5.
In section 17E (power to recall community patient to hospital),...
6.
(1) Section 20 (renewal of authority in relation to admission...
7.
Amendments of Part 3 of the Mental Health Act 1983
8.
Before the italic heading before section 35 insert— Application of...
9.
In the following places, for “mental” substitute “relevant”— section 35(3)(a)...
10.
In section 55 (interpretation)— (a) in subsection (1), at the...
11.
(1) In Schedule 1 (application of certain provisions to patients...
12.
Amendments of Part 4 of the Mental Health Act 1983
13.
In section 56 (patients to whom Part 4 applies)—
14.
In the following places, for “mental”, substitute “relevant”— section 58(1)(b)...
15.
Amendments of Part 4A of the Mental Health Act 1983
16.
Amendments of Part 5 of the Mental Health Act 1983
17.
(1) Section 72 (grounds for discharge by tribunal) is amended...
18.
In section 73 (power to discharge restricted patients), after subsection...
19.
In section 74 (restricted patients subject to restriction directions), in...
20.
Transitory modifications of the Mental Health Act 1983
21.
(1) Pending the coming into force of section 7(2) of...
22.
Pending the coming into force of section 7(3) of this...
23.
Pending the coming into force of section 8(8) of this...
24.
Pending the coming into force of section 13(3)(b) of this...
25.
Pending the coming into force of section 29(5)(d) and (e)...
Schedule 2
Nominated persons
Part 1 Appointment etc
1.
The Mental Health Act 1983 is amended as follows.
2.
Before section 31 and the italic heading before that section...
3.
Before Schedule 1 insert— Schedule A1 Nominated person Section 30A...
Part 2 Functions of nominated person
4.
The Mental Health Act 1983 is amended as follows.
5.
In section 4 (admission for assessment in cases of emergency),...
6.
(1) Section 11 (general provisions as to applications) is amended...
7.
In section 13 (duty of approved mental health professionals to...
8.
In section 14 (social reports), for “nearest relative” substitute “nominated...
9.
In section 23 (discharge of patients), in subsection (2)(a), (b)...
10.
In section 24 (visiting and examination of patient), in subsection...
11.
Omit sections 26 to 30 and the italic heading before...
12.
In section 32 (regulations for purposes of Part), in subsection...
13.
In section 33 (special provisions as to wards of court),...
14.
In section 66 (applications to tribunals), in subsection (1), in...
15.
In section 69 (applications to tribunals concerning patients subject to...
16.
In section 116 (welfare of certain hospital patients), in subsection...
17.
In section 118 (code of practice), in subsection (1)—
18.
In section 130B (arrangements in relation to independent mental advocates:...
19.
In section 130D (duty to give information about independent mental...
20.
In section 130H (independent mental health advocates for Wales: supplementary...
21.
In section 130K (duty to give information about independent mental...
22.
In section 132 (duty of managers of hospitals to give...
23.
In section 132A (duty of managers of hospitals to give...
24.
(1) Section 133 (duty of managers of hospitals to give...
25.
(1) Section 145(1) (interpretation) is amended as follows.
Part 3 Patients concerned in criminal proceedings etc: functions of nominated person
26.
The Mental Health Act 1983 is amended as follows.
27.
After section 36 (but before the italic heading after that...
28.
In section 38 (interim hospital orders), after subsection (7) insert—...
29.
In Part 1 of Schedule 1 (application of certain provisions...
30.
In Part 2 of Schedule 1 (application of certain provisions...
Schedule 3
Independent mental health advocates
1.
The Mental Health Act 1983 is amended as follows.
2.
(1) Section 118 (code of practice) is amended as follows....
3.
(1) Section 130A (independent mental health advocates) is amended as...
4.
(1) Section 130B (arrangements under section 130A) is amended as...
5.
(1) Section 130C (section 130A: supplemental) is amended as follows....
6.
After section 130C insert— “English qualifying informal patients” For the purposes of this Part a patient is an...
7.
For section 130D substitute— Duty to give information to English...
8.
In section 130J (Welsh qualifying informal patients), in subsection (2),...
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