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Mental Health Legislation

A Mind Odyssey

The UK Mental Health Act 1983 Code of Practice

The UK Draft Mental Health Bill

Admission of patients to mental health facilities in Wales 2000-2001 (including patients detained under the Mental Health Act 1983)

 
 
Section 1     The Act deals with people who have a "Mental Disorder" which is defined and limited in Section 1.
 
Section 2    Admission for assessment for up to 28 days.
 
Section 3     Admission for treatment for up to 6 months initially
 
Section 4    Emergency admission for up to 72 hours initially.
 
Section 5(2)     People who are voluntary patients in hospital can be detained by a doctor for 72 hours pending a further assessment.
 
Section 5(4)     People who are voluntary patients in hospital can be detained by a nurse for 6 hours pending a further assessment.
 
Section 7     Section 7 allows for people to be received into Guardianship, the consequences of which are set out at Section 8
 
 
Section 17     Planned / authorised leave
 
Section 18     Unauthorised absence: Absence without leave, and Returning
 
Section 19
 
Section 20     Section 20 provides the authority for someone who is already detained in hospital for treatment under Section 3 or Section 37, to be detained for a further period. The renewal takes effect when the Managers officially receive a report by the Responsible Medical Officer.
 
Section 21     Unauthorised absence: Absence without leave, and Returning
 
 
Section 23     The people who can bring a period of detention or guardianship to an end are listed at Section 23
 
Section 25(1) RMO makes a report to oppose the nearest relative discharging the patient
 
Section 25(A) Aftercare under supervision
 
Section 26     Section 26 of the Mental Health Act gives a formula which identifies the nearest relative. Usually, the nearest relative is the older of the two people who occur highest on the list, regardless of gender.
 
 
Section 35     Remand to hospital for a report on a person's mental health
 
Section 36     Remand to hospital for treatment.
 
Section 37     Hospital Orders imposed by the Court
 
Section 38     Hospital Orders imposed by the Court
 
 
Section 41      Restrictions on discharge
 
Section 47     Transfer of prisoners to hospital for treatment
 
Section 48     Transfer of prisoners to hospital for treatment
 
 
Section 57     Treatment which requires the patient's consent and a second medical opinion
 
Section 58    Treatment which requires the patient's consent or a second medical opinion
 
Section 62   Urgent Treatment
 
Section 117     Aftercare Statutory and voluntary agencies should co-operate to provide aftercare for people who have been detained for treatment. Such a requirement is consistent with the Care Programme Approach.
 
 
Section 135     A court order can be obtained to break into a property to remove a person to a Place of Safety.
 
Section 136     Someone found in a public place, who appears to have a mental disorder, can be taken by the police to a Place of Safety