Mental Health Act 2007 (c. 12)

(The document as of February, 2008)

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(a) paragraph 35 of Schedule 3,

(b) paragraphs 3, 4 and 20 of Schedule 5, and

(3) Section 54 extends to the United Kingdom.

59 Short title

This Act may be cited as the Mental Health Act 2007.

SCHEDULES

Section 1

SCHEDULE 1 Categories of mental disorder: further amendments etc

Part 1 Amendments to 1983 Act

1 The 1983 Act is amended as follows.

2 In section 3(2) (grounds for application for admission for treatment), in paragraph (a), for "mental illness, severe mental impairment, psychopathic disorder or mental impairment and his mental disorder is" substitute "mental disorder".

3 In section 7(2) (grounds for guardianship application), in paragraph (a), omit the words ", being mental illness, severe mental impairment, psychopathic disorder or mental impairment and his mental disorder is".

4 In section 20 (renewal of detention or guardianship)--

(a) in subsection (4)(a), for "mental illness, severe mental impairment, psychopathic disorder or mental impairment, and his mental disorder is" substitute "mental disorder", and

(b) in subsection (7)(a), for "mental illness, severe mental impairment, psychopathic disorder or mental impairment and his mental disorder is" substitute "mental disorder".

5 In section 35(3) (conditions for exercise of power to remand accused to hospital for report), in paragraph (a), for "mental illness, psychopathic disorder, severe mental impairment or mental impairment" substitute "mental disorder".

6 In section 36(1) (conditions for exercise of power to remand accused to hospital for medical treatment), for the words from "he is suffering" to the end substitute--

" (a) he is suffering from mental disorder of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment; " .

7 In section 37 (power to order hospital admission or guardianship)--

(a) in subsection (2)(a), for "mental illness, psychopathic disorder, severe mental impairment or mental impairment" substitute "mental disorder", and

(b) in subsection (3), omit the words "as being a person suffering from mental illness or severe mental impairment".

8 In section 38(1) (conditions for exercise of power to make interim hospital order), in paragraph (a), for "mental illness, psychopathic disorder, severe mental impairment or mental impairment" substitute "mental disorder".

9 In section 45A(2) (conditions for exercise of power to direct hospital admission), in paragraph (a), for "psychopathic disorder" substitute "mental disorder".

10 In section 47(1) (power to make transfer direction), in paragraph (a), for "mental illness, psychopathic disorder, severe mental impairment or mental impairment" substitute "mental disorder".

11 In section 48 (further power to make transfer direction)--

(a) in subsection (1), for the words from "that person is suffering" to "such treatment," substitute--

" (a) that person is suffering from mental disorder of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment; and

(b) he is in urgent need of such treatment; " , and

(b) in subsection (3), for "to (4)" substitute "and (3)".

12 In section 51(6) (further power to make hospital order), in paragraph (a), for the words from "the detainee" to the end substitute--

" (i) the detainee is suffering from mental disorder of a nature or degree which makes it appropriate for the patient to be detained in a hospital for medical treatment; " .

13 In section 66(2) (time limits for applications to tribunals), in paragraph (d), for "in the cases mentioned in paragraphs (d), (fb), (g)" substitute "in the case mentioned in paragraph (g)".

14 In section 72 (powers of tribunals)--

(a) in subsection (1)(b)(i), for "mental illness, psychopathic disorder, severe mental impairment or mental impairment or from any of those forms of disorder" substitute "mental disorder or from mental disorder",

(b) in subsection (4)(a), for "mental illness, psychopathic disorder, severe mental impairment or mental impairment" substitute "mental disorder", and

15 (1) Section 86 (application of power to remove alien patients) is amended as follows.

(2) In subsection (1), for "mental illness" substitute "mental disorder".

(3) After subsection (3) insert--

" (4) In relation to a patient receiving treatment in a hospital within the meaning of the Mental Health (Northern Ireland) Order 1986, the reference in subsection (1) above to mental disorder shall be construed in accordance with that Order. "

16 (1) Section 141 (Members of Parliament etc) is amended as follows.

(2) In subsection (1)--

(a) after "House of Commons is authorised to be detained" insert "under a relevant enactment", and

(b) for "mental illness" substitute "mental disorder".

(3) In subsection (4)--

(a) for "mental illness" substitute "mental disorder", and

(b) after "detained" insert "under a relevant enactment".

(4) In subsections (5) and (6), for "mental illness" substitute "mental disorder".

(5) After subsection (6) insert--

" (6A) For the purposes of this section, the following are relevant enactments--

(a) this Act;

(b) the Criminal Procedure (Scotland) Act 1995 and the Mental Health (Care and Treatment) Scotland Act 2003 ("the Scottish enactments"); and

(6B) In relation to an authorisation for detention under the Scottish enactments or the 1986 Order, the references in this section to mental disorder shall be construed in accordance with those enactments or that Order (as the case may be). "

17 In section 145(1) (interpretation), for the definitions of "mental disorder", "severe mental impairment", "mental impairment" and "psychopathic disorder" substitute--

" "mental disorder" has the meaning given in section 1 above (subject to sections 86(4) and 141(6B)); " .

Part 2 Amendments to other Acts

Juries Act 1974

18 (1) Part 1 of Schedule 1 to the Juries Act 1974 (c. 23) (mentally disordered persons) is amended as follows.

(2) In paragraph 1, for "mental illness, psychopathic disorder, mental handicap or severe mental handicap" substitute "mental disorder within the meaning of the Mental Health Act 1983".

(3) Omit paragraph 4(1).

Contempt of Court Act 1981

19 In section 14 of the Contempt of Court Act 1981 (c. 49) (proceedings in England and Wales), in subsection (4) and the first subsection (4A), for "mental illness or severe mental impairment" substitute "mental disorder within the meaning of that Act".

Family Law Act 1996

20 (1) The Family Law Act 1996 (c. 27) is amended as follows.

(2) In section 48 (remand for medical examination and report), in subsection (4)--

(a) for "mental illness or severe mental impairment" substitute "mental disorder within the meaning of the Mental Health Act 1983",

(b) for "the Mental Health Act 1983" substitute "that Act", and

(3) In section 51 (power of magistrates' court to order hospital admission or guardianship), in subsection (1), for "mental illness or severe mental impairment" substitute "mental disorder within the meaning of that Act".

Housing Act 1996

21 In section 156 of the Housing Act 1996 (c. 52) (remand for medical examination and report), in subsection (4)--

(a) for "mental illness or severe mental impairment" substitute "mental disorder within the meaning of the Mental Health Act 1983",

(b) for "the Mental Health Act 1983" substitute "that Act", and

Care Standards Act 2000

22 In section 121 of the Care Standards Act 2000 (c. 14) (general interpretation), in subsection (1), for the definition of "mental disorder" substitute--

" "mental disorder" has the same meaning as in the Mental Health Act 1983; " .

Mental Capacity Act 2005

23 (1) In Schedule 4 to the Mental Capacity Act 2005 (c. 9) (provisions applying to existing enduring powers of attorney), paragraph 23 is amended as follows.

(2) In sub-paragraph (1), omit the words "(within the meaning of the Mental Health Act)".

(3) After sub-paragraph (1) insert--

" (1A) In sub-paragraph (1), "mental disorder" has the same meaning as in the Mental Health Act but disregarding the amendments made to that Act by the Mental Health Act 2007. "

National Health Service Act 2006

24 In section 275 of the National Health Service Act 2006 (c. 41) (interpretation), in the definition of "illness" in subsection (1), for "mental disorder within the meaning of the Mental Health Act 1983" substitute "any disorder or disability of the mind".

National Health Service (Wales) Act 2006

25 In section 206 of the National Health Service (Wales) Act 2006 (c. 42) (interpretation), in the definition of "illness" in subsection (1), for "mental disorder within the meaning of the Mental Health Act 1983" substitute "any disorder or disability of the mind".

Police and Justice Act 2006

26 In section 27 of the Police and Justice Act 2006 (c. 48) (anti-social behaviour injunctions: power of arrest and remand), in subsection (11)--

(a) for "mental illness or severe mental impairment" substitute "mental disorder within the meaning of the Mental Health Act 1983", and

(b) for "the Mental Health Act 1983 (c. 20)" substitute "that Act".

Section 21

SCHEDULE 2 Approved mental health professionals: further amendments to 1983 Act

1 The 1983 Act is amended as follows.

2 In the following provisions, for "approved social worker" substitute "approved mental health professional"--

(a) section 4(2) (admission for assessment in cases of emergency), and

(b) section 8(1)(c) (effect of guardianship application).

3 (1) Section 10 (transfer of guardianship) is amended as follows.

(2) In subsection (3), for "approved social worker" substitute "approved mental health professional acting on behalf of the local social services authority".

(3) After subsection (4) insert--

" (5) In this section "the local social services authority", in relation to a person (other than a local social services authority) who is the guardian of a patient, means the local social services authority for the area in which that person resides (or resided immediately before his death). "

4 (1) Section 11 (general provisions as to applications) is amended as follows.

(2) In subsection (1), for "approved social worker" substitute "approved mental health professional".

(3) In subsection (3), for "approved social worker, that social worker" substitute "approved mental health professional, that professional".

(4) For subsection (4) substitute--

" (4) An approved mental health professional may not make an application for admission for treatment or a guardianship application in respect of a patient in either of the following cases--

(a) the nearest relative of the patient has notified that professional, or the local social services authority on whose behalf the professional is acting, that he objects to the application being made; or

(b) that professional has not consulted the person (if any) appearing to be the nearest relative of the patient, but the requirement to consult that person does not apply if it appears to the professional that in the circumstances such consultation is not reasonably practicable or would involve unreasonable delay. "

5 (1) Section 13 (the title to which becomes "Duty of approved mental health professionals to make applications for admission or guardianship") is amended as follows.

(2) For subsection (1) substitute--

" (1) If a local social services authority have reason to think that an application for admission to hospital or a guardianship application may need to be made in respect of a patient within their area, they shall make arrangements for an approved mental health professional to consider the patient's case on their behalf.

(1A) If that professional is--

(a) satisfied that such an application ought to be made in respect of the patient; and

(b) of the opinion, having regard to any wishes expressed by relatives of the patient or any other relevant circumstances, that it is necessary or proper for the application to be made by him,

he shall make the application.

(1B) Subsection (1C) below applies where--

(a) a local social services authority makes arrangements under subsection (1) above in respect of a patient;

(b) an application for admission for assessment is made under subsection (1A) above in respect of the patient;

(c) while the patient is liable to be detained in pursuance of that application, the authority have reason to think that an application for admission for treatment may need to be made in respect of the patient; and

(d) the patient is not within the area of the authority.

(1C) Where this subsection applies, subsection (1) above shall be construed as requiring the authority to make arrangements under that subsection in place of the authority mentioned there. "

(3) In subsection (2), for "approved social worker" substitute "approved mental health professional".

(4) For subsection (3) substitute--

" (3) An application under subsection (1A) above may be made outside the area of the local social services authority on whose behalf the approved mental health professional is considering the patient's case. "

(5) In subsection (4)--

(a) for the words from "direct" to "above" substitute "make arrangements under subsection (1) above for an approved mental health professional to consider the patient's case", and

(b) for "that approved social worker" substitute "that professional".

(6) In subsection (5)--

(a) for "approved social worker", in each place, substitute "approved mental health professional", and

(b) after "the power of" insert "a local social services authority to make arrangements with an approved mental health professional to consider a patient's case or of".

6 In section 14 (social reports), for "a social worker" substitute "an approved mental health professional".

7 In the following provisions, for "approved social worker" substitute "approved mental health professional"--

(a) section 18(1) (return of patients absent without leave),

(b) section 21B(3)(b) (consultation before furnishing report),

(d) section 30(2) (application for variation of orders under section 29),

(e) section 40(1)(a) (power to convey patient),

(f) section 87(1) (power to take Northern Ireland patient into custody),

(g) section 88(3) (power to take England and Wales patient into custody), in the first place it occurs, and

(h) section 89(1) (power to take Channel Islands or Isle of Man patient into custody).

8 For section 115 substitute--

" 115 Powers of entry and inspection

(1) An approved mental health professional may at all reasonable times enter and inspect any premises (other than a hospital) in which a mentally disordered patient is living, if he has reasonable cause to believe that the patient is not under proper care.

(2) The power under subsection (1) above shall be exercisable only after the professional has produced, if asked to do so, some duly authenticated document showing that he is an approved mental health professional. "

9 In section 118(1)(a) (application of code of practice), for "approved social workers" substitute "approved mental health professionals".

10 In the following provisions, for "approved social worker" substitute "approved mental health professional"--

(a) section 135(1) and (4) (warrant to search for and remove patient),

(b) section 136(2) (detention of person removed to a place of safety), and

11 (1) Section 145 (interpretation) is amended as follows.

(2) In subsection (1), for the definition of "approved social worker" substitute--

" "approved mental health professional" has the meaning given in section 114 above; " .

(3) After subsection (1AB) (inserted by section 4 of this Act) insert--

" (1AC) References in this Act to an approved mental health professional shall be construed as references to an approved mental health professional acting on behalf of a local social services authority, unless the context otherwise requires. "

Section 32

SCHEDULE 3 Supervised community treatment: further amendments to 1983 Act

1 The 1983 Act is amended as follows.

Application in respect of patient already in hospital

2 In section 5 (application in respect of patient already in hospital), in subsection (6) after "this Act", in each place, insert "or a community patient".

Return of patients absent without leave

3 (1) Section 18 (return and readmission of patients absent without leave) is amended as follows.

(2) After subsection (2) insert--

" (2A) Where a community patient is at any time absent from a hospital to which he is recalled under section 17E above, he may, subject to the provisions of this section, be taken into custody and returned to the hospital by any approved mental health professional, by any officer on the staff of the hospital, by any constable, or by any person authorised in writing by the responsible clinician or the managers of the hospital. "

(3) In subsection (4)--

(a) in paragraph (b), after "guardianship" insert "or, in the case of a community patient, the community treatment order is in force", and

(b) omit the words from "and, in determining" to the end.

(4) After subsection (4) insert--

" (4A) In determining for the purposes of subsection (4)(b) above or any other provision of this Act whether a person who is or has been absent without leave is at any time liable to be detained or subject to guardianship, a report furnished under section 20 or 21B below before the first day of his absence without leave shall not be taken to have renewed the authority for his detention or guardianship unless the period of renewal began before that day.

(4B) Similarly, in determining for those purposes whether a community treatment order is at any time in force in respect of a person who is or has been absent without leave, a report furnished under section 20A or 21B below before the first day of his absence without leave shall not be taken to have extended the community treatment period unless the extension began before that day. "

(5) After subsection (6) insert--

" (7) In relation to a patient who has yet to comply with a requirement imposed by virtue of this Act to be in a hospital or place, references in this Act to his liability to be returned to the hospital or place shall include his liability to be taken to that hospital or place; and related expressions shall be construed accordingly. "

Assignment of responsibility for community patients

4 After section 19 insert--

" 19A Regulations as to assignment of responsibility for community patients

(1) Responsibility for a community patient may be assigned to another hospital in such circumstances and subject to such conditions as may be prescribed by regulations made by the Secretary of State (if the responsible hospital is in England) or the Welsh Ministers (if that hospital is in Wales).

(2) If responsibility for a community patient is assigned to another hospital--

(a) the application for admission for treatment in respect of the patient shall have effect (subject to section 17D above) as if it had always specified that other hospital;

(b) the patient shall be treated as if he had been admitted to that other hospital at the time when he was originally admitted in pursuance of the application (and as if he had subsequently been discharged under section 17A above from there); and

(c) that other hospital shall become "the responsible hospital" in relation to the patient for the purposes of this Act. "

Renewal of authority to detain patients

5 In section 20 (duration of authority)--

(a) in subsection (2), after "discharged" insert "under section 23 below", and

(b) in subsections (3) and (6), after "discharge the patient" insert "under section 23 below".

Special provisions as to patients absent without leave

6 (1) Section 21 (special provisions as to patients absent without leave) is amended as follows.

(2) In subsection (1)--

(a) in paragraph (a), after "Act" insert "or, in the case of a community patient, the community treatment order would cease to be in force", and

(b) after "liable or subject" insert ", or the order shall not cease to be in force,".

(3) After subsection (3) (inserted by section 37 of this Act) insert--

" (4) Where a community patient is absent without leave on the day on which (apart from this section) the 72-hour period mentioned in section 17F above would expire, that period shall not expire until the end of the period of 72 hours beginning with the time when--

(a) the patient is taken into custody under section 18 above and returned to the hospital where he ought to be; or

(b) the patient returns himself to the hospital where he ought to be within the period during which he can be taken into custody under section 18 above.

(5) Any reference in this section, or in sections 21A to 22 below, to the time when a community treatment order would cease, or would have ceased, to be in force shall be construed as a reference to the time when it would cease, or would have ceased, to be in force by reason only of the passage of time. "

7 In section 21A (patients who are taken into custody or return within 28 days), after subsection (3) insert--

" (4) In the case of a community patient, where the period for which the community treatment order is in force is extended by section 21 above, any examination and report to be made and furnished in respect of the patient under section 20A(4) above may be made and furnished within the period as so extended.

(5) Where the community treatment period is extended by virtue of subsection (4) above after the day on which (apart from section 21 above) the order would have ceased to be in force, the extension shall take effect as from that day. "

8 (1) Section 21B (patients who are taken into custody or return after more than 28 days) is amended as follows.

(2) In subsection (2), after "ought to be" insert "(his "return day")".

(3) In subsection (3), after "detained" insert "or is a community patient".

(4) For subsection (4) substitute--

" (4) Where--

(a) the patient would (apart from any renewal of the authority for his detention or guardianship on or after his return day) be liable to be detained or subject to guardianship after the end of the period of one week beginning with that day; or

(b) in the case of a community patient, the community treatment order would (apart from any extension of the community treatment period on or after that day) be in force after the end of that period,

he shall cease to be so liable or subject, or the community treatment period shall be deemed to expire, at the end of that period unless a report is duly furnished in respect of him under subsection (2) above. "

(5) After subsection (4) insert--

" (4A) If, in the case of a community patient, the community treatment order is revoked under section 17F above during the period of one week beginning with his return day--

(a) subsections (2) and (4) above shall not apply; and

(b) any report already furnished in respect of him under subsection (2) above shall be of no effect. "

(6) After subsection (6) insert--

" (6A) In the case of a community patient, where the community treatment order would (apart from section 21 above) have ceased to be in force on or before the day on which a report is duly furnished in respect of him under subsection (2) above, the report shall extend the community treatment period for the period prescribed in that case by section 20A(3) above.

(6B) Where the community treatment period is extended by virtue of subsection (6A) above--

(a) the extension shall take effect as from the day on which (apart from section 21 above and that subsection) the order would have ceased to be in force; and

(b) if (apart from this paragraph) the period as so extended would expire on or before the day on which the report is furnished, the report shall further extend that period, as from the day on which it would expire, for the period prescribed in that case by section 20A(3) above. "

(7) After subsection (7) insert--

" (7A) In the case of a community patient, where the community treatment order would (taking account of any extension under subsection (6A) above) cease to be in force within the period of two months beginning with the day on which a report is duly furnished in respect of him under subsection (2) above, the report shall, if it so provides, have effect also as a report duly furnished under section 20A(4) above. "

(8) In subsection (10)--

(a) for the definition of "the appropriate body" substitute--

" "the appropriate body" means--

(a) in relation to a patient who is liable to be detained in a hospital, the managers of the hospital;

(b) in relation to a patient who is subject to guardianship, the responsible local social services authority;

(b) for the definition of "the relevant conditions" substitute--

" "the relevant conditions" means--

(a) in relation to a patient who is liable to be detained in a hospital, the conditions set out in subsection (4) of section 20 above;

(b) in relation to a patient who is subject to guardianship, the conditions set out in subsection (7) of that section;

Patients sentenced to imprisonment etc

9 For section 22 substitute--

" 22 Special provisions as to patients sentenced to imprisonment, etc

(1) If--

(a) a qualifying patient is detained in custody in pursuance of any sentence or order passed or made by a court in the United Kingdom (including an order committing or remanding him in custody); and

(b) he is so detained for a period exceeding, or for successive periods exceeding in the aggregate, six months,

the relevant application shall cease to have effect on expiry of that period.

(2) A patient is a qualifying patient for the purposes of this section if--

(a) he is liable to be detained by virtue of an application for admission for treatment;

(b) he is subject to guardianship by virtue of a guardianship application; or

(3) "The relevant application", in relation to a qualifying patient, means--

(a) in the case of a patient who is subject to guardianship, the guardianship application in respect of him;

(b) in any other case, the application for admission for treatment in respect of him.

(4) The remaining subsections of this section shall apply if a qualifying patient is detained in custody as mentioned in subsection (1)(a) above but for a period not exceeding, or for successive periods not exceeding in the aggregate, six months.

(5) If apart from this subsection--

(a) the patient would have ceased to be liable to be detained or subject to guardianship by virtue of the relevant application on or before the day on which he is discharged from custody; or

(b) in the case of a community patient, the community treatment order would have ceased to be in force on or before that day,

he shall not cease and shall be deemed not to have ceased to be so liable or subject, or the order shall not cease and shall be deemed not to have ceased to be in force, until the end of that day.

(6) In any case (except as provided in subsection (8) below), sections 18, 21 and 21A above shall apply in relation to the patient as if he had absented himself without leave on that day.

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