Mental Health Matters

What is Diminished Responsibility in English Law?

Published on 05/10/202105/11/2021 by Andrew Marshall4 Comments

Introduction

In English law, diminished responsibility is one of the partial defences that reduce the offence from murder to manslaughter if successful (termed “voluntary” manslaughter for these purposes).

This allows the judge sentencing discretion, e.g. to impose a hospital order under section 37 of the Mental Health Act 1983 to ensure treatment rather than punishment in appropriate cases. Thus, when the actus reus (Latin for “guilty act”) of death is accompanied by an objective or constructive version of mens rea (Latin for “guilty mind”), the subjective evidence that the defendant did intend to kill or cause grievous bodily harm because of a mental incapacity will partially excuse his conduct. Under s.2(2) of the Homicide Act 1957 the burden of proof is on the defendant to the balance of probabilities. The M’Naghten Rules lack a volitional limb of “irresistible impulse”; diminished responsibility is the volitional mental condition defence in English criminal law.

Refer to Chronology of UK Mental Health Legislation, Insanity Defence, and Diminished Responsibility (General).

The Statutory Provision

Section 2 of the Homicide Act 1957 states: (1) Where a person kills or is party to a killing of another, he shall not be convicted of murder if he was suffering from an abnormality of mental functioning which:

(a) arose from a medical condition;
(b) substantially impaired D’s ability to do one or more of the things mentioned in subsection (1A); and
(c) provides an explanation for D’s acts and omissions in doing or being a party to the killing.

(1A) Those things are:

(a) to understand the nature of D’s conduct;
(b) to form a rational judgment; and
(c) to exercise self-control.

(1B) For the purposes of subsection (1)(c), an abnormality of mental functioning provides and explanation of D’s conduct if it causes, or is a significant contributory factor in causing, D to carry out that conduct.

The defence has recently been amended by s. 52 of the Coroners and Justice Act 2009, which came into force on 4 October 2010.

How Substantial must the Impairment Be?

R v Golds¹ provides a recent authority from the Court of Appeal Criminal Division on how the courts will interpret the term ‘substantial’. At paragraph [55] of Elias LJ’s judgement (following the paragraphing from the neutral citation given below) two senses of the word ‘substantial’ are identified: (i) something substantial is more than something which is merely trivial or minimal owing to the fact that it has “substance”, or (ii) something substantial is big or large (e.g. in the sense that a substantial salary is a large one). At paragraph [72] Elias LJ concludes by opining that the court should (i) leave interpretation of the word ‘substantial’ to the jury, but if asked for further help should (ii) direct them under the second meaning of the term (i.e. substantial meaning big).

Diminished Responsibility and Voluntary Intoxication

Voluntary intoxication will not satisfy the criterion that there must be an abnormality of mental functioning arising from a recognised medical condition (s.2(1)(a) Homicide Act 1957) and therefore cannot be relied upon as grounds for the partial defence². However a person suffering from alcoholism that has led to an abnormality of mental function may have access to the partial defence³. In R v Gittens⁴ a defendant who suffered from depression killed his wife and stepdaughter after drinking and taking drugs for medication. The direction to a jury facing both diminished responsibility and drunkenness should be:

Would the defendant have killed as he did if he had not been drunk?
- and if the answer to that is yes,
Was he suffering from diminished responsibility when he did so?

The more chronic forms of alcoholism and the long-term use of heroin and cocaine (see R v Sanderson⁵) can become a relevant factor where a craving for drink or drugs causes an abnormality of mind. This must be distinguished from the situation in which the abnormality of mind causes a craving for drink or drugs . R v Tandy⁶ held that where a defendant could show that she was suffering from an abnormality of the mind, that it was induced by disease (namely alcoholism), and that it substantially impaired her responsibility for her actions, then the defence of diminished responsibility would be made out. In the actual case, the craving for alcohol did not render the use of alcohol involuntary. The defendant was in control when she began drinking, and the state of mind in which she killed her daughter was merely induced by the alcohol. In R v Dietschmann,⁷ the House of Lords held that where a defendant suffers from an abnormality of mind within s2(1) also consumes alcohol before the killing, the jury should find him or her guilty of manslaughter if they are satisfied that, notwithstanding the alcohol consumed and its effect, the abnormality of mind substantially impaired the mental responsibility for the fatal acts. The sub-section does not require the abnormality of mind to be the sole cause of the defendant’s acts; even if the defendant would not have killed if he had not consumed alcohol, the causative effect of the alcohol does not prevent an abnormality of mind suffered by the defendant from substantially impairing his mental responsibility for the fatal acts. Dietschmann was later applied by the Court of Appeal in R v Hendy⁸.

References

R v Golds[2014] EWCA Crim 748.
R v Fenton (1975) 61 Cr App Rep 261.
R v Tandy [1989] 1 WLR 350.
R v Gittens (1984) QB 698.
R v Sanderson (1994) 98 Cr. App. R. 325.
R v Tandy (1989) 1 AER 267.
R v Dietschmann [2003] UKHL 10.
R v Hendy [2006] EWCA Crim 819.

What is the Fixated Threat Assessment Centre?

Published on 05/09/202105/09/2021 by Andrew Marshall1 Comment

Introduction

The Fixated Threat Assessment Centre (FTAC) is a UK police/mental health unit, whose function is to manage the risk to public figures from stalkers and others fixated on celebrity.

It was formed in 2006 in acknowledgement that such offenders overwhelmingly suffered from psychosis, and could often be identified in advance from behavioural signs. Preventive treatment could then be applied, for the protection of the relevant public figures as well as the families and neighbours of the sufferer.

Refer to Chronology of UK Mental Health Legislation.

Rationale

The rationale for a joint police/mental health unit was the finding that the main danger of death or serious injury to politicians in Western Europe came from attacks by people suffering from a mental health illness, who had given warnings of what they might do in the form of inappropriate, harassing or threatening communications or approaches towards the politicians in question. A similar picture was found in a study of historical attacks on the British royal family. A separate detailed study of recent inappropriate communications and approaches to members of the royal family found that 83% of the individuals concerned were suffering from psychosis.

Similar findings have come from the United States, where Park Dietz has written: “Every instance of an attack on a public figure by a lone stranger in the United States for which adequate information has been made publicly available has been the work of a mentally disordered person who issued one or more pre-attack signals in the form of inappropriate letters, visits or statements….” The role of FTAC in the UK is to detect such signals, to evaluate the risks involved and to intervene to reduce them. Such intervention often entails the obtaining of treatment and care for the fixated individual from psychiatric and social services and general practitioners in their town of residence.

The Fixated

The word ‘fixated’ in the name of the unit indicates that the main motivational drives behind the stalking of public figures are pathologically intense fixations on individuals or causes, these being obsessive pre-occupations pursued to an abnormally intense degree. In the case of those pursuing the Royal Family, these fixations divide between beliefs that the individual was a member of the family or married to a member of the family; that the royal personage was involved in plots to persecute them; and that the Royal Family were culpable for failing to redress a particular grievance, often delusional, with which the individual was angrily obsessed.

Staffing and Role

FTAC was set up in 2006, jointly managed by the Home Office, the Department of Health and Metropolitan Police Service. It is staffed by ten police officers, three full-time senior forensic nurses, a full-time senior social worker and a number of senior forensic psychiatrists and psychologists from the Barnet Enfield and Haringey NHS Trust and the Oxleas NHS Foundation Trust. FTAC receives around 1,000 referrals a year of people who have engaged in threatening or harassing communications towards politicians or the Royal Family. Around half are assessed as being of low risk after initial enquiries. The remainder are investigated by FTAC staff. They may then be referred to local health services for further assessment and potential involuntary commitment. In some cases, they may be detained by police under the section 136 powers of the Mental Health Act 1983 prior to referral.

Although run by London’s Metropolitan Police Service, FTAC is responsible for dealing nationally with the stalking or harassment of public figures by lone individuals. According to its founder, David James, it attempts not only to provide protection for the subjects of obsessive attention, but also to help people with obsessions who have mental illnesses that might otherwise have gone undiagnosed or untreated. The basis of the approach arises from the fact that the majority of the fixated are driven by delusional beliefs based in potentially treatable mental disorders. Treating those with evident mental illness will have an important effect in reducing the level of risk to public figures, whilst at the same time improving the health and welfare of the individuals concerned. The strap-line on FTAC’s stationery is ‘Preventing Harm and Facilitating Care’.

According to a statement made in June 2007 by the then Minister of State at the Home Office, Tony McNulty,

“FTAC does not detain people in psychiatric hospitals. When it encounters an individual in need of mental health care it alerts their general practitioners and psychiatrists, who then provide appropriate help under existing legislation. FTAC may make use of police powers under section 136 of the Mental Health Act 1983 to take a person who appears to be suffering from mental disorder, and in immediate need of care or control, to a place of safety. When people are removed to hospital under section 136, they are examined by a registered medical practitioner and interviewed by an approved social worker, not associated with FTAC, in order to make any necessary arrangements for their treatment or care.

Activity

In a parliamentary reply made in June 2009, the then Minister of State for Security, Counter-Terrorism, Crime and Policing, David Hanson said: “Since 2006, when FTAC began operation, 246 people have been detained under the Mental Health Act following a referral from FTAC and a subsequent decision by local health services. No individual has received a custodial sentence as a result of FTAC involvement.”

He also stated that during that same period, 27 people had been conveyed to a “place of safety” by FTAC staff under section 136 of the Mental Health Act 1983.

FTAC published the details of its interventions in its first 100 cases in the Journal of Forensic Psychiatry & Psychology in 2010. Eighty-six per cent of those assessed by FTAC were diagnosed as suffering from psychotic illness; 57% of the sample group were subsequently admitted to hospital, and 26% treated in the community. In 80% of cases, the risk level was reduced to low by FTAC intervention, the remainder of cases remaining under continued FTAC management

In protection terms, FTAC’s activities are said to benefit the families of the fixated individuals and the general public as much as the public figures that they are hounding. This is because those close to the fixated are more regularly exposed to their irrational and threatening behaviour than the public figures they target. This finding is similar to that made in the USA by Dietz and Martell in a report prepared for the National Institute of Justice:

“The persons most at risk of violence from the individual mentally ill person who pursues public figures are not the public figures or those that protect them – assuming they have the necessary security arrangements – but rather the private citizens who are the family members and neighbours of the mentally disordered subject.”

Origins

The setting up of FTAC was the main recommendation of the report of Fixated Research Group (FRG) which undertook a major research project on behalf of the Home Office between 2003 and 2006. This looked at inappropriate communications and approaches to members of the Royal Family, and systematically examined 8,000 files held by SO14, the royalty protection division of the Metropolitan Police Service’s Protection Command. The Fixated Research Group was composed of forensic psychiatrists and psychologists from the UK, Australia and the USA, who are experts in the field of stalking. They included Paul Mullen and Michele Pathé from Australia, co-authors of ‘Stalkers and their Victims’, and J. Reid Meloy from San Diego, editor of The Psychology of Stalking. The series of research papers published by the group in peer-reviewed scientific journals forms the evidence base for the FTAC.

Other Applications of the Model

The researchers at FTAC contend that the joint police-NHS model has other possible applications within the UK, such as in police responses to stalking of ordinary people and in homicide prevention. In their view, a logical further development would be the modification of the role of NHS police-liaison psychiatric nurses, so that they become embedded in police responses at borough or county level in order to perform an enabling role, to the benefit of individual patients and of public protection.

Awards

FTAC won an Association of Chief Police Officers’ Excellence Award in 2009.

What is the Mental Health Tribunal for Scotland?

Published on 05/09/2021 by Andrew Marshall4 Comments

Introduction

The Mental Health Tribunal for Scotland is a tribunal of the Scottish Government to hear applications for, and appeals against, Compulsory Treatment Order, and appeals against Short Term Detention Certificates made under the Mental Health (Care and Treatment) (Scotland) Act 2003, and other matters in relation to that Act, for example, appeals against Compulsion and Restriction Orders.

Refer to Chronology of UK Mental Health Legislation and Mental Health Review Tribunal (England and Wales).

Background

The Mental Health Tribunal for Scotland was established on 05 October 2005, under the Mental Health (Care and Treatment) (Scotland) Act 2003.

Its headquarters are located in Hamilton, although it has staff who work throughout Scotland.

The Tribunal discharges its functions through panels of three members: a legal member (who acts as Convener), a medical member and a general member. The judicial arm of the Tribunal is supported in its functions by the staff of the Scottish Courts and Tribunals Service (SCTS).

The primary role of the Tribunal is to consider and determine applications for compulsory treatment orders (CTOs) under the 2003 Act and to operate in an appellate role to consider appeals against compulsory measures made under the 2003 Act. The Tribunal also plays a monitoring role by periodic review of compulsory measures.

You can find out more about the Tribunal here.

What is the Mental Health Review Tribunal (England and Wales)?

Published on 05/09/202105/09/2021 by Andrew Marshall2 Comments

Introduction

In England, the First-tier Tribunal (Mental Health), more commonly known as the Mental Health Tribunal, is an independent quasi-judicial body established to safeguard the rights of persons subject to the Mental Health Act 1983. It provides for consideration of appeals against the medical detention or forced treatment of a person who was deemed to be suffering from a mental disorder that was associated with a risk to the health or safety of that person or others.

Prior to an overhaul of the tribunal system in 2008, its functions were carried out by the Mental Health Review Tribunal, which was a standalone body. In 2008 the Mental Health Review Tribunal was formally abolished as a standalone body and merged with the Health and Social Care Chamber of the newly established First-tier Tribunal (FTT). A new Upper Tribunal was also created, which hears appeals against decisions by the FTT. In Wales, the corresponding body is the Mental Health Review Tribunal for Wales.

Refer to Chronology of UK Mental Health Legislation and Mental Health Tribunal for Scotland.

Tribunal Hearings

Mental Health Tribunals are independent quasi-judicial bodies that operate under the provisions of the Mental Health Act 1983 and the Mental Health Review Tribunal Rules 1983. A Tribunal’s main purpose is to review the case of a patient detained under the Mental Health Act and to direct the discharge of any patient for whom the statutory criteria for discharge have been satisfied. In some cases, the Tribunal also has the discretion to discharge a patient who does not meet the statutory criteria. Such cases usually involve making a balanced judgement on a number of serious issues such as the freedom of the individual, the protection of the public and the best interests of the patient.

Tribunal Panel Members

The Lord Chancellor makes appointments to the panels of members for each region. In the case of medical and specialist members, the Secretary of State for Health (for cases in England) or the Secretary of State for Wales is also consulted. The Regional Chairperson’s appoint the members who are to sit at a particular hearing and there must be a legal member, a medical member and a specialist member appointed for each Tribunal hearing to form a legal quorum. In the event that one or two members are not present, the third member can technically open the tribunal and then immediately adjourn the hearing until another two members are able to attend. Any decisions formed by the tribunal are that of the tribunal, rather than the particular judicial member. There will be no dissenting judgement.

Role of the Legal Member (Legal Judge)

The legal member’s role is to preside (i.e. take the chair) at all tribunal hearings. They are known as the president and will sign all decisions, documents, recommendations and judgments as the president, on behalf of the whole tribunal. Their responsibilities also include making sure that the proceedings are conducted fairly, that the legal requirements of the Mental Health Act 1983 are properly observed within the rule of law and advise on any questions of law which may arise. They are also responsible, in consultation with other judges of the Tribunal, for drafting the reasons for the decision, and for signing the record of the decision. The legal members are required to have “such legal experience, as the Lord Chancellor considers suitable”. They are normally senior legal practitioners such as solicitors or barristers, but in ‘restricted patient panel’ (RPP) cases (also known as forensic cases) the level must be that of a Circuit Judge or higher. A small number of Recorders, who are also Queen’s Counsel might sit as RPP members.

Role of the Specialist Member (Specialist Judge)

The specialist member undertakes a check and balance role to the Tribunal under the Tribunal Rules. They will be a professional outside the legal and medical profession, but might hold legal or healthcare qualifications. Most specialist judges are senior or experienced practitioners or therapists with at least 5-7 years standing and will hold a range of experience within the mental health sector. Most specialist members are educated to postgraduate level in mental health, they may hold an advanced degree in psychology or forensics in RPP cases. The specialist judge will have extensive background knowledge of professional practice within the mental health field, health and/or social services. Members can be drawn from the NHS, voluntary organisations, adult social services or the private health sector. Specialist judges may also be mental health social workers, probation officers, approved mental health professionals, psychologists, mental health nurses and occupational therapists. They will be able to offer information to the other judges of the Tribunal on matters relating to health and social care matters and often healthcare legal matters in context (i.e. Codes of Practice, best practice etc.). Generally, specialist judges are appointed in office for a term of 5 years and this is reviewed every 5 years until the age of 70, which is the statutory retirement age for all judges.

Role of the Medical Member (Medical Judge)

The medical member has a dual role to perform. They are required by the Tribunal Rules to carry out an examination of the patient before the hearing and to take any steps that they consider necessary to form an opinion of the patient’s mental condition. In England, the pre-medical examination is not a requirement to hear a case. At the hearing they, together with the other judges, have the judicial responsibility of deciding whether or not the patient should continue to be detained or remain on a community treatment order. If the medical member’s opinion of the patient differs significantly from other medical witnesses then this should be made known at the beginning of the hearing. This is because it would be unfair and contrary to a basic principle of natural justice if the Tribunal members were to take notice of information that had not been shared with all the other parties at the hearing. The medical member is invariably a consultant psychiatrist of several years’ standing. He or she will be able to advise the other members of the Tribunal on any medical matters. Medical members are generally senior doctors, with at least 7 years experience and are often drawn in from Consultant level. Generally, medical judges are appointed in office for a term of 5 years and this is reviewed every 5 years until the age of 70, which is the statutory retirement age for all judges.

Course of the Tribunal

Tribunals normally sit in private and take place in the hospital or community unit where the patient is detained. Physical location aside, the tribunals resemble court hearings, during which appropriate witnesses are invited to speak in turn. These include the detained person, their solicitor, the member of the multi-disciplinary team responsible for the detained person’s care in hospital, known as the Responsible Clinician (RC, usually a consultant psychiatrist), a representative of the nursing staff at the hospital and the Approved Mental Health Professional (AMHP). Additionally, the RC and AMHP (or more frequently the patient’s care coordinator) are required to submit written reports on the person’s state of health to the Tribunal in advance of the hearing. Sometimes the primary inpatient nurse for the patient may also submit a written report.

How the Decision is Made

Each member of the Tribunal is entitled to an equal voice on questions of law, procedure and substance. All the members participate in the making of decisions and, although the legal member is expected to draft and sign the written record, this is done only after taking into account the contributions of the other members. If the members do not all agree then a decision of the majority of members of the Tribunal is taken as the decision of the Tribunal.

The Tribunal will consider the case and the patient as presented on the day. The Tribunal cannot question the circumstances that gave rise to the detention. The Tribunal decides whether or not to end the patient’s detention in hospital. The Tribunal has the power to order a deferred discharge which may be conditional (for example that an aftercare package is put in place).

Decisions of the Tribunal can be appealed to the Administrative Appeals Chamber of the Upper Tribunal, or to the High Court, by way of Judicial Review.

Organisation and Oversight

The Bodies

Technically the Mental Health Review Tribunal consists of two distinct bodies, within a single non-departmental public body.

The first body is the Judicial Tribunal itself with the responsibility for hearing applications or references concerning people detained under the Mental Health Act 1983.
- The Tribunal members are appointed by the Ministry of Justice.
- There is a Liaison Judge appointed to the Tribunal to lead its development.
The second body is the Mental Health Review Tribunal Secretariat.
- This is staffed by members of the Department of Health, and has responsibility for the administration of the Tribunals.

Regional Chairperson

There is a Regional Chairperson appointed for each of the two Tribunal regions (the North Region and the South Region), based in London and Manchester. Regional Chairperson’s responsibilities include appointing members to particular hearings, ensuring that all the statutory requirements are complied with, making judicial decisions and giving such directions as are necessary to ensure the speedy and just determination of every case. Regional Chairperson’s are also responsible for organising training for members, for overseeing the members’ appraisal and mentoring scheme and for handling complaints about a member’s conduct.

Organisation of the Tribunal

The Secretary of State for Health is responsible for meeting the expenses of Tribunals in England and for providing accommodation and staff. Administration is carried out at the Secretariat offices in Leicester. The Welsh Assembly has similar responsibilities for Tribunals in Wales and administration is carried out at the Secretariat office in Cardiff. All the Secretariat staff are civil servants and are completely independent of the hospital authorities. The Regional Chairperson and the Secretariat work closely together to make sure that the whole Tribunal process is closely managed. The role of the Home Office is confined to cases involving ‘restricted patients’.

Tribunals operate independently of all Government Departments.

Fairness of Decisions

A study in 2017 by Jewell and Colleagues, looked at the correlation between a number of predictors and the outcome of the MHRT decisions: The study commented that their “findings imply that decisions at MHRT are not biased in terms of age, sex, ethnicity, mental health diagnosis, or even index offence”, rather its findings “suggest that by reducing levels of agitated behaviour, verbal aggression and physical violence on the ward, working towards being granted unescorted community leave, and specifically targeting items on the HCR-20 risk assessment” patients can increase their chance of discharge.

Reference

Jewell, A., Dean, K., Fahy, T. & Cullen, A.E. (2017) Predictors of Mental Health Review Tribunal (MHRT) outcome in a forensic inpatient population: a prospective cohort study. BMC Psychiatry. Springer Science and Business Media LLC. 17(1). doi:10.1186/s12888-016-1188-8.

What was the Board of Control for Lunacy and Mental Deficiency?

Published on 05/09/2021 by Andrew Marshall2 Comments

Introduction

The Board of Control for Lunacy and Mental Deficiency was a body overseeing the treatment of the mentally ill in England and Wales.

Background

It was created by the Mental Deficiency Act 1913 to replace the Commissioners in Lunacy, under the Home Office however it was independent in that it reported to the Lord Chancellor who had responsibility for investigating breaches of care and integrity. The Board was transferred to the Ministry of Health by the Ministry of Health Act 1919, and reorganised in 1930.

The Board consisted of a Chairman, two Senior Medical Commissioners, one Senior Legal Commissioner, six Commissioners including lawyers and doctors, six Inspectors and administrative staff. By law, at least one of these had to be a woman. The Commissioners of the Board travelled around England and Wales ensuring that those detained under mental health legislation were legally in custody, their care was appropriate, and moneys and other properties owned by patients were not being misused or stolen.

The Board was based in Northumberland Avenue, London, until 1939 when it was moved to Hobart House, Grosvenor Place.

Its functions were transferred to the Minister of Health by the National Health Service Act 1946.

Refer to Chronology of UK Mental Health Legislation, Commissioners in Lunacy, Commissioners in Lunacy for Scotland, and Commissioners in Lunacy for Ireland.

Members

Announcements of members were carried in the major national newspapers, including The Times.

On inception of the Board in 1913, the chairman was Sir William Byrne with Arthur Rotherham and Mary Dendy joining the ex officio members of the previous Lunacy Commissioners; C.H. Bond, Marriott Cooke, S. Coupland, B.T. Hodgson, S.J.F. MacLeod, F. Needham L.L. Shadwell, and A.H. Trevor.
In 1916, due to Sir William Byrne moving on, Marriott Cooke became acting chairman, and Robert Welsh Braithwaite was appointed to the board.
In 1921, Dr Ruth Darwin was appointed to the Board
In 1926 due to Robert Welsh Braithwaite’s retirement, Robert Cunyngham Brown was appointed a commissioner.
In 1928, due to the retirement of the chairman, Sir Frederick Willis, Laurence George Brock was appointed chairman.
In 1929, Dr Bedford Pierce was appointed a commissioner.
From the start of 1931, the Board was reconstituted, with a chairman and four other members.
- L.G. Brock continued as chairman, with S.J. Fraser MacLeod, C. Hubert Bond, Arthur Rotherham, Ellen Pinsent.
William Rees-Thomas was appointed to the Board in 1931.
In 1931, Dr Isabel Wilson was appointed as a Commissioner, holding the position until 1948.
- From 1949 to 1960 she was a Senior Commissioner, after which the Board was abolished and her position was changed to the Principal Medical Officer, Ministry of Health.

What was the Madhouses Act 1774?

Published on 05/09/2021 by Andrew Marshall2 Comments

Introduction

The Madhouses Act 1774 (14 Geo. 3 c.49) was an Act of the Parliament of Great Britain, which set out a legal framework for regulating “madhouses” (insane asylums).

Refer to Chronology of UK Mental Health Legislation.

Background

By the mid-eighteenth century, the common methods in the United Kingdom for dealing with the insane were either to keep them in the family home, or to put them in a “madhouse”, which was simply a private house whose proprietor was paid to detain their residents, and ran it as a commercial concern with little or no medical involvement. This led to two forms of abuse: the first was the keeping of “legitimately” insane people in atrocious conditions, and the second the detention of those who were falsely claimed to be insane – in effect, private imprisonment.

At this stage, there was no legislation to regulate the incarceration of anyone other than a Chancery lunatic or a pauper; there was only a vaguely defined common law power to “confine a person disordered in mind, who seems disposed to do mischief to himself, or another person”.

In a case in the mid-1750s, a woman came to suspect that her son-in-law had committed his wife to a madhouse in Hoxton; with the aid of a Justice of the Peace, she secured the release of her daughter after obtaining a confession from the husband. A similar case in 1762 saw a man trying to obtain the release of an acquaintance, one Mrs Hawley, who he suspected had been confined in a madhouse. His initial application to Lord Mansfield for a writ of habeas corpus was rejected because he was not a relative and so had no standing, but the judge arranged for a doctor to visit the house and speak to the woman. On his report, a writ was granted; she was brought before the court, and discharged.

A Select Committee of the House of Commons, chaired by Thomas Townshend, was set up in 1763 to study the problem of unlawful detention in private madhouses and focused on the Hawley case. It found that she had been committed to the house solely on the word of her husband, who paid two guineas (two pounds and two shillings) a month for her board, and that she was unable to leave the house or communicate with anybody outside it. The inmates were treated as insane, but the agent who arranged their entry freely admitted that he had not committed a single insane person to the house in the past six years. No-one who would pay was turned away, no physicians attended the inmates, and no register was kept of their names. This was, the Committee stated, a common situation; they noted that a number of similar cases could have been studied, and they recommended that some form of legislative intervention was needed. The Commons ordered the committee to prepare a bill, but it appears this was never brought in.

The issue was next addressed in 1773 when Townshend’s son, also named Thomas Townshend, sponsored a bill to regulate private madhouses; within seven miles of London, this would be the responsibility of the Royal College of Physicians; and outside that, magistrates in county towns. The bill passed the Commons but was rejected by the Lords.

Legislative History

In 1774, Thomas Townshend again reintroduced the Madhouses Bill. The Bill was presented to the Commons for its first reading on 02 March, and was amended in committee on 23 March. The Lords voted on it on 21 April, and made two amendments (the addition of s.19 and s.31) on 06 May, before the bill returned to the Commons on 10 May. The bill received Royal Assent on 20 May.

Provisions

The Act required that all madhouses be licensed by a committee of the Royal College of Physicians. This license would permit the holder to maintain a single house for accommodating lunatics, and would have to be renewed each year. All houses were to be inspected at least once per year by the committee, who would also keep a central register of all the confined lunatics in order that people could locate them; outside London, the task of inspecting them would fall to the local quarter sessions.

The penalty for “concealing or confining” more than one insane person without a license was set at £500, and every keeper of such a house who took in a patient without an order from a doctor was liable to a fine of £100.

Implementation

The Act took effect on 20 November 1774, six months after receiving Royal Assent, and was originally stated to remain in force for five years and then until the end of the next Parliamentary session.

It was continued for a further seven years by the Madhouse Continuation Act 1779 (19 Geo. 3 c.15);
Then continued indefinitely by the Madhouse Law Perpetuation Act 1786 (26 Geo. 3 c.91); and
It remained in force until repealed by the Madhouses Act 1828.

What were the Commissioners in Lunacy for Scotland?

Published on 05/09/202105/09/2021 by Andrew Marshall5 Comments

Introduction

The Commissioners in Lunacy for Scotland or Lunacy Commission for Scotland were a public body established by the Lunacy (Scotland) Act 1857 to oversee asylums and the welfare of mentally ill people in Scotland.

Refer to Chronology of UK Mental Health Legislation, Commissioners in Lunacy for Ireland, and Commissioners in Lunacy.

Previous Bodies

The Madhouses (Scotland) Act 1815 established the right of Scottish Sheriffs to order the inspection of madhouses.

Establishment

The Board of Commissioners in Lunacy for Scotland was established in 1857 by the Lunacy (Scotland) Act 1857. There were two Commissioners of Lunacy each paid £1,200 a year and two Deputy Commissioners each paid £600 a year.

Asylums Commissioned

The legislation created a General Board of Commissioners in Lunacy for Scotland. It also created district boards with the power to establish and operate publicly funded “district asylums” for patients who could not afford the fees charged by existing private and charitable “Royal Asylums”. These existing “Royal Asylums” (with Royal Charters) were the Aberdeen Royal Lunatic Asylum, the Crichton Royal Institution, the Dundee Royal Lunatic Asylum, the Royal Edinburgh Lunatic Asylum, the Glasgow Royal Lunatic Asylum, the Montrose Royal Lunatic Asylum and James Murray’s Royal Lunatic Asylum. The aim of the legislation was to establish a network of “district asylums” with coverage throughout Scotland.

The following asylums were commissioned under the auspices of the Commissioners in Lunacy for Scotland:

Aberdeen District Asylum, 1904.
Argyll and Bute District Asylum, 1863.
Ayrshire District Asylum, 1869.
Banff District Asylum, 1865.
East Lothian District Asylum, 1866.
Edinburgh District Asylum, 1906.
Elgin District Asylum, 1835.
Fife and Kinross District Asylum, 1866.
City of Glasgow District Asylum, 1896.
Glasgow Woodilee District Asylum, 1875.
Govan District Asylum, 1895.
Inverness District Asylum, 1864.
Kirklands District Asylum, 1881.
Lanark District Asylum, 1895.
Midlothian District Asylum, 1874.
Paisley District Asylum, 1876.
Perth District Asylum, 1864.
Renfrew District Asylum, 1909.
Roxburgh District Asylum, 1872.
Stirling District Asylum, 1869.

In addition the Southern Counties Asylum, which was intended to provide facilities for paupers, was erected on the site of the Crichton Royal Institution (which focused on fee paying patients) in 1849 but subsequently amalgamated with the Crichton Royal Institution. Likewise the Dundee District Asylum, which was intended to provide facilities for paupers, was established alongside the Dundee Royal Lunatic Asylum (which focused on fee paying patients) in 1903 but subsequently amalgamated with the Dundee Royal Lunatic Asylum.

Successor Body

The Mental Deficiency and Lunacy (Scotland) Act 1913 replaced the Commission with the General Board of Control for Scotland.

What were the Commissioners in Lunacy for Ireland?

Published on 05/09/202105/09/2021 by Andrew Marshall5 Comments

Introduction

The Commissioners in Lunacy for Ireland or Lunacy Commission for Ireland were a public body established by the Lunacy (Ireland) Act 1821 to oversee asylums and the welfare of mentally ill people in Ireland.

Refer to Chronology of UK Mental Health Legislation, Commissioners in Lunacy for Scotland, and Commissioners in Lunacy.

Establishment

The Board of Commissioners in Lunacy for Ireland, more strictly known as the “Commission of General Control and Correspondence”, was established in 1821 by the Lunacy (Ireland) Act 1821. The commission consisted of four doctors and four lay members. It was responsible for designating the districts to be served by the asylums, selecting the locations and approving the designs.

Asylums Commissioned

The Eglinton Asylum in Cork and the Richmond Asylum in Dublin existed at the time the legislation was enacted and were incorporated into the new district asylum system as the Cork Asylum and the Dublin Asylum in 1830 and 1845 respectively. The new asylums that were commissioned under the auspices of the Commissioners in Lunacy for Ireland included:

Antrim Asylum, 1899.
Armagh Asylum, 1825.
Connacht Asylum, 1833.
Belfast Asylum, 1829.
Carlow Asylum, 1832.
Castlebar Asylum, 1866.
Clonmel Asylum, 1835.
Donegal Asylum, 1866.
Down Asylum, 1869.
Ennis Asylum, 1868.
Enniscorthy Asylum, 1868.
Killarney Asylum, 1852.
Kilkenny Asylum, 1852.
Limerick Asylum, 1827.
Londonderry Asylum, 1829.
Maryborough Asylum, 1833.
Monaghan Asylum, 1869.
Mullingar Asylum 1855.
Omagh Asylum, 1853.
Portrane Asylum, 1903.
Sligo Asylum, 1855.
Waterford Asylum, 1835.

What were the Commissioners in Lunacy?

Published on 05/09/202105/09/2021 by Andrew Marshall8 Comments

Introduction

The Commissioners in Lunacy or Lunacy Commission were a public body established by the Lunacy Act 1845 to oversee asylums and the welfare of mentally ill people in England and Wales.

It succeeded the Metropolitan Commissioners in Lunacy.

Refer to Chronology of UK Mental Health Legislation, Commissioners in Lunacy for Scotland, and Commissioners in Lunacy for Ireland.

Previous Bodies

The predecessors of the Commissioners in Lunacy were the Metropolitan Commissioners in Lunacy, dating back to the Madhouses Act 1774, and established as such by the Madhouses Act 1828.

By 1842 their remit had been extended from London to cover the whole country.

The Lord Chancellor’s jurisdiction over lunatics so found by writ of De Lunatico Inquirendo had been delegated to two Masters-in-Chancery.

By the Lunacy Act 1842 (5&6 Vict. c.64), these were established as the Commissioners in Lunacy and after 1845 they were retitled Masters in Lunacy.

Establishment

Anthony Ashley-Cooper, Seventh Earl of Shaftesbury was the head of the Commission from its founding in 1845 until his death in 1885. The Lunacy Commission was made up of eleven Metropolitan Commissioners: three medical, three legal and five laymen.

The Commission was monumental as it was not only a full-time commission, but it was also salaried for six of its members. The six members of the commission who were full-time and salaried were the three members of the legal system and the three members of the medical community. The other five lay members of the commission were all honorary members who simply had to attend board meetings.

The duty of the Commission was to carry out the provisions of the Act, reporting to the Poor Law Commissioners (in the case of workhouses) and to the Lord Chancellor. The first Secretary to the Commissioners was Robert Wilfred Skeffington Lutwidge, a barrister and uncle of Lewis Carroll. He had previously been one of the Metropolitan Commissioners, and later become an Inspector of the Commission.

A Master in Lunacy ranked next after a Master in Chancery in the order of precedence.

Asylums Commissioned

The following asylums were commissioned under the auspices of the Commissioners in Lunacy (or their predecessors):

English County Asylums

First Bedford County Asylum (Bedford), 1812.
Second Bedfordshire County Asylum (Fairfield), 1860.
Berkshire County Asylum (Moulsford), 1870.
Buckinghamshire County Asylum (Stone), 1853.
Cambridgeshire County Asylum (Fulbourn), 1858.
First Cheshire County Asylum (Chester), 1829.
Second Cheshire County Asylum (Macclesfield), 1871.
Cornwall County Asylum (Bodmin), 1818.
Cumberland and Westmorland County Asylum (Carleton), 1862.
Derbyshire County Asylum (Mickleover), 1851.
Devon County Asylum (Exminster), 1845.
Dorset County Asylum (Charminster), 1863.
Durham County Asylum (Sedgefield), 1858.
East Riding County Asylum (Walkington), 1871.
East Sussex County Asylum (Hellingly), 1898.
First Essex County Asylum (Brentwood), 1853.
Second Essex County Asylum (Colchester), 1913.
First Gloucestershire County Asylum (Gloucester), 1823.
Second Gloucestershire County Asylum (Gloucester), 1883.
First Hampshire County Asylum (Knowle), 1852.
Second Hampshire County Asylum (Basingstoke), 1917.
Herefordshire County Asylum (Burghill), 1868.
Hertfordshire County Asylum (St Albans), 1899.
Isle of Wight County Asylum (Gatcombe), 1896.
First Kent County Asylum (Barming Heath), 1833.
Second Kent County Asylum (Chartham), 1875.
Kesteven County Asylum (Quarrington, 1897.
First Lancashire County Asylum (Lancaster), 1816.
Second Lancashire County Asylum (Prestwich), 1851.
Third Lancashire County Asylum (Rainhill), 1851.
Fourth Lancashire County Asylum (Whittingham), 1873.
Fifth Lancashire County Asylum (Winwick), 1897.
Sixth Lancashire County Asylum (Whalley), 1915.
Leicestershire County Asylum (Leicester), 1837.
Lincolnshire County Asylum (Bracebridge Heath), 1852.
First London County Asylum (Hanwell), 1831.
Second London County Asylum (Colney Hatch), 1849.
Third London County Asylum (Belmont), 1877.
Fourth London County Asylum (Coulsdon), 1882.
Fifth London County Asylum (Woodford Bridge), 1893.
Sixth London County Asylum (Epsom), 1899.
Seventh London County Asylum (Dartford Heath), 1898.
Eighth London County Asylum (Epsom), 1902.
Ninth London County Asylum (Epsom), 1904.
Tenth London County Asylum (Epsom), 1907.
Eleventh London County Asylum (Epsom), 1921.
Norfolk County Asylum (Norwich), 1814.
Northamptonshire County Asylum (Duston), 1876.
Northumberland County Asylum (Morpeth), 1859.
North Riding County Asylum (Clifton), 1847.
First Nottinghamshire County Asylum (Sneinton), 1812.
Second Nottinghamshire County Asylum (Radcliffe-on-Trent), 1902.
Oxfordshire County Asylum (Littlemore), 1846.
Shropshire County Asylum (Shelton), 1845.
First Somerset County Asylum (Horrington), 1848.
Second Somerset County Asylum (Norton Fitzwarren), 1897.
First Staffordshire County Asylum (Stafford), 1818.
Second Staffordshire County Asylum (Cheddleton), 1892.
Suffolk County Asylum (Melton), 1827.
First Surrey County Asylum (Tooting), 1840.
Second Surrey County Asylum (Woking), 1867.
Third Surrey County Asylum (Hooley), 1905.
Sussex County Asylum (Haywards Heath), 1859.
Warwickshire County Asylum (Hatton), 1852.
First West Riding County Asylum (Wakefield), 1818.
Second West Riding County Asylum (Middlewood), 1872.
Third West Riding County Asylum (Menston), 1885.
Fourth West Riding County Asylum (Storthes Hall), 1904.
Fifth West Riding County Asylum (Burley in Wharfedale), 1902.
West Sussex County Asylum (Chichester), 1894.
Wiltshire County Asylum (Devizes), 1849.
First Worcestershire County Asylum (Powick), 1847.
Second Worcestershire County Asylum (Bromsgrove), 1907.

“New” Mental Hospitals Established Later by Middlesex County Council

First Middlesex County Mental Hospital.
- The First Surrey County Asylum at Tooting (see above) was transferred to Middlesex County Council in 1888 and became the First Middlesex County Mental Hospital in the early 20th century.
Second Middlesex County Mental Hospital (London Colney), 1905.
Third Middlesex County Mental Hospital (Shenley), 1934.

English Borough Asylums

Croydon Borough Asylum, 1903.
First Birmingham City Asylum, 1850.
Second Birmingham City Asylum, 1882.
Third Birmingham City Asylum, 1905.
Bristol City Asylum, 1861.
Canterbury Borough Asylum, 1902.
Derby Borough Asylum, 1888.
East Ham Borough Asylum, 1937.
Exeter City Asylum, 1886.
Gateshead Borough Asylum, 1914.
Ipswich Borough Asylum, 1870.
Kingston upon Hull Borough Asylum, 1883.
Leicester Borough Asylum, 1869.
Lincoln Borough Asylum, 1817.
Middlesbrough Borough Asylum, 1898.
Newcastle upon Tyne Borough Asylum, 1869.
City of London Asylum, 1866.
Norwich Borough Asylum, 1828.
Nottingham Borough Asylum, 1880.
Plymouth Borough Asylum, 1891.
Portsmouth Borough Asylum, 1879.
Sunderland Borough Asylum, 1895.
West Ham Borough Asylum, 1901.
York Borough Asylum, 1906.

Metropolitan Asylums Board Asylums (Established for Chronic Cases)

Caterham Asylum, 1870.
Darenth Asylum, 1878.
Leavesden Asylum, 1870.
Tooting Bec Asylum, 1903.

Welsh County Asylums

Brecon and Radnor County Asylum (Talgarth), 1903.
Carmarthenshire, Cardigan and Pembrokeshire County Asylum (Carmarthen), 1865.
Denbighshire County Asylum (Denbigh), 1844.
First Glamorgan County Asylum (Pen-y-fai), 1864.
Second Glamorgan County Asylum (Bridgend), 1886.
Monmouthshire County Asylum (Abergavenny), 1851.

Welsh Borough Asylums

Cardiff City Asylum, 1908.
Newport Borough Asylum, 1906.
Swansea Borough Mental Hospital, 1932.

Successor Body

The Mental Deficiency Act 1913 replaced the Commission with the Board of Control for Lunacy and Mental Deficiency.

Chronology of UK Mental Health Legislation

Published on 05/09/202105/14/2021 by Andrew Marshall42 Comments

INTRODUCTION

The below Tables provide a chronological overview of mental health legislation within the United Kingdom.

It outlines legislation that has an impact (directly and/or indirectly) on mental health topics etc.

I like to be thorough, so if there is anything we have missed please let us know.

Look here for a general overview of Mental Health Law.

Legislation Type

UK Statutory Instruments (251).
Scottish Statutory Instruments (88).
Northern Ireland Statutory Rules (45).
Northern Ireland Statutory Rules and Orders (37).
Wales Statutory Instruments (21).
UK Public General Acts (15).
Acts of the Scottish Parliament (3).
Northern Ireland Orders in Council (2).
Acts of the Northern Ireland Assembly (1).
Measures of the National Assembly for Wales (1).

Notes

The above only include legislation between 1932 and present.
Correct as at: 09 May 2021.
You can find specific details of legislation @ https://www.legislation.gov.uk/.

Public Bodies

Public Body	Legislation	Remarks
Commissioners in Lunacy for Ireland	Lunacy (Ireland) Act 1821	1. Established to oversee asylums and the welfare of mentally ill people in Ireland.
Commissioners in Lunacy	Lunacy Act 1845	1. Established to oversee asylums and the welfare of mentally ill people in England and Wales. 2. It succeeded the Metropolitan Commissioners in Lunacy.
Commissioners in Lunacy for Scotland	Lunacy (Scotland) Act 1857	1. Established to oversee asylums and the welfare of mentally ill people in Scotland.
Board of Control for Lunacy and Mental Deficiency	Mental Deficiency Act 1913	1. Replaced the Commissioners in Lunacy.
General Board of Control for Scotland	Mental Deficiency and Lunacy (Scotland) Act 1913	1. Replaced the Commissioners in Lunacy for Scotland.
Mental Health Review Tribunal (England and Wales)	Mental Health Act 1983 & Mental Health Review Tribunal Rules 1983	1. Mental Health Review Tribunal for Wales.
Mental Health Tribunal for Scotland	Mental Health (Care and Treatment) (Scotland) Act 2003
Mental Welfare Commission for Scotland	Mental Health (Care and Treatment) (Scotland) Act 2003	1. Originally established by the Mental Health (Scotland) Act 1960. 2. A non-departmental public body (NDPB).

Other

Other	Legislation	Remarks
Diminished Responsibility (in English Law)	M’Naghten Rules	1. Refer also to Insanity Defence.
Fixated Threat Assessment Centre (FTAC)	N/A	1. FTAC was set up in 2006, and is jointly managed by the Home Office, the Department of Health and Metropolitan Police Service.
Percy Commission (1957)		1. Refer to Mental Health Act 1959.

CHRONOLOGY OF LEGISLATION

1700s

Legislation (Title)	Legislation Type	Remarks
Madhouses Act 1774	UK Public General Acts	1. Established a group of five commissioners from the Royal College of Physicians that dealt with licenses for premises to hold mentally ill people (Justices of the peace dealt with the rest of England and Wales). 2. The Act also made it a requirement that any person detained in one of the madhouses, must have a signed certificate from a doctor, confirming their mental illness. 3. There were amendments in 1828 and 1832. 4 It remained in force until repealed by the Madhouses Act 1828.
Madhouse Continuation Act 1779	UK Public General Acts	1. The Madhouses Act 1774 was continued for a further seven years by the Madhouse Continuation Act 1779 (19 Geo. 3 c.15).
Law Perpetuation Act 1786	UK Public General Acts	1. The Madhouses Act 1774 was then continued indefinitely by the Madhouse Law Perpetuation Act 1786 (26 Geo. 3 c.91).

1800s

Legislation (Title)	Legislation Type	Remarks
Criminal Lunatics Act 1800	UK Public General Acts	1. Passed with retrospective effect following the acquittal of James Hadfield, mandated detention at the regent’s pleasure (indefinitely) even for those who, although insane at the time of the offence, were now sane. 2. Repealed by the Statute Law (Repeals) Act 1981. 3. Section 1 was repealed for England and Ireland, by section 4 of the Trial of Lunatics Act 1883 (46 & 47 Vict c 38); and for Scotland by section 1 of, and Schedule 1 to, the Statute Law Revision Act 1948.
County Asylums Act 1808	UK Public General Acts	1. Also known as Mr. Wynn’s Act, after Charles Watkin Williams-Wynn, a Welsh member of parliament for Montgomeryshire, who promoted the act.
Marriage of Lunatics Act 1811	UK Public General Acts	1. Repealed by the Assisted Decision-Making (Capacity) Act 2015.
Madhouses (Scotland) Act 1815	UK Public General Acts
Criminal Lunatics Amendment Act 1815	UK Public General Acts
Irish Lunatic Asylums for the Poor Act 1817	UK Public General Acts
Pauper Lunatics Act 1819	UK Public General Acts
Lunacy (Ireland) Act 1821	UK Public General Acts	1. Refer to Lunacy Regulation (Ireland) Act 1871. 2. Aspects of this legislation remained in force until repealed by the Assisted Decision Making (Capacity) Act 2015.
County Asylums Act 1828	UK Public General Acts	1. Addressed concerns with the administration of asylums and the slow creation of county asylums within Britain.
Madhouses Act 1828	UK Public General Acts	1. Repealed the Madhouses Act 1774.
Chancery Lunatics Property Act 1828	UK Public General Acts
Madhouses Act 1832	UK Public General Acts
Criminal Lunatics (Ireland) Act 1838	UK Public General Acts
Trial of Lunatics Act 1883		1. Repealed Section 1 of the Criminal Lunatics Act 1800 (for England and Ireland via Section 4).
County Asylums Act 1845	UK Public General Acts	1. Amended by the County Asylums Act 1853. 2. Repealed by the Lunacy Act 1890.
Lunacy Act 1845	UK Public General Acts	1. The Lunacy Act 1845 and the County Asylums Act 1845 were the next forward motions in ‘caring’ for people with mental health. 2. These acts ensured that there was an asylum for each county to deal with mentally ill people and it gave them the power to detain people that were not of “sound mind”. 3. The Lunacy Commission (see Public Bodies Table above) was created to oversee the asylums and ultimately check they were running appropriately. 4. Repealed by the Lunacy Act 1890.
County Asylums Act 1853		1. Also known as Lunatic Asylums Act 1853. 2. Amended the County Asylums Act 1845. 3. Repealed the Lunacy Act 1845. 4. Repealed by the Lunacy Act 1890.
Lunacy (Scotland) Act 1857	UK Public General Acts
Lunacy Regulation (Ireland) Act 1871	UK Public General Acts
Idiots Act 1886	UK Public General Acts	1. Repealed by the Mental Deficiency Act 1913.
Lunacy (Vacating of Seats) Act 1886	UK Public General Acts	1. Repealed by the Mental Health Act 1959. 2. The section was subsequently repealed by the Mental Health (Discrimination) Act 2013.
Lunacy Act 1890	UK Public General Acts	1. The Lunacy Act 1845 and the County Asylums Act 1845 were later repealed by the Lunacy Act 1890 which made small changes, and the Lunacy Commission were handed more powers and renamed the “Board of Control” in the Mental Deficiency Act 1913. 2. The Board of Control would later be altered in the Mental Health Act 1930 and the National Health Service Act 1946.

1900 to 1947

Legislation (Title)	Legislation Type	Remarks
Mental Deficiency Act 1913	UK Public General Acts	1. Repealed by the Mental Health Act 1959.
Mental Deficiency and Lunacy (Scotland) Act 1913	UK Public General Acts
Mental Treatment Act 1930	UK Public General Acts	1. Repealed by the Mental Health Act 1959.
The Mental Treatment Regulations (Northern Ireland) 1932	Northern Ireland Statutory Rules and Orders
The Mental Treatment (Registration of Institutions and Houses) Fees Regulations (Northern Ireland) 1932	Northern Ireland Statutory Rules and Orders
The Mental Treatment Regulations (Northern Ireland) 1934	Northern Ireland Statutory Rules and Orders

1948

Legislation Title	Legislation Type	Remarks
The Mental Health (Transfer of Functions) Order (Northern Ireland) 1948	Northern Ireland Statutory Rules and Orders
The Mental Health (Appointed Day) Order (Northern Ireland) 1948	Northern Ireland Statutory Rules and Orders
The Mental Health (Appointed Day) (No. 2) Order (Northern Ireland) 1948	Northern Ireland Statutory Rules and Orders
The Mental Health (Transfer of Functions) (No. 2) Order (Northern Ireland) 1948	Northern Ireland Statutory Rules and Orders
The Mental Health (Appointed Day) (No. 3) Order (Northern Ireland) 1948	Northern Ireland Statutory Rules and Orders
The Mental Health (No. 1) Regulations (Northern Ireland) 1948	Northern Ireland Statutory Rules and Orders
The Mental Health (No. 2) Regulations (Northern Ireland) 1948	Northern Ireland Statutory Rules and Orders

1949

Legislation Title	Legislation Type	Remarks
The Mental Health Services Capital Fund Regulations (Northern Ireland) 1949	Northern Ireland Statutory Rules and Orders
The Mental Health (Institutions) Order (Northern Ireland) 1949	Northern Ireland Statutory Rules and Orders
The Mental Health (No. 5) Regulations (Northern Ireland) 1949	Northern Ireland Statutory Rules and Orders

1950

Legislation Title	Legislation Type	Remarks
The Mental Health (Qualifications of Medical Officers and Medical Practitioners) Regulations (Northern Ireland) 1950	Northern Ireland Statutory Rules and Orders
The Mental Health (Institutions) Order (Northern Ireland) 1950	Northern Ireland Statutory Rules and Orders
The Mental Health (Fees for Medical Certificates) Regulations (Northern Ireland) 1950	Northern Ireland Statutory Rules and Orders

1951

Legislation Title	Legislation Type	Remarks
The Mental Health (Charge for Mid-day Meal at Instruction and Occupation Centres) Regulations (Northern Ireland) 1951	Northern Ireland Statutory Rules and Orders

1954

Legislation Title	Legislation Type	Remarks
The Mental Health (Qualifications of Medical Officers and Medical Practitioners) (Amendment) Regulations (Northern Ireland) 1954	Northern Ireland Statutory Rules and Orders

1957

Legislation Title	Legislation Type	Remarks
The Mental Health (Institutions) Order (Northern Ireland) 1957	Northern Ireland Statutory Rules and Orders

1958

Legislation Title	Legislation Type	Remarks
The Mental Health (Institutions) Order (Northern Ireland) 1958	Northern Ireland Statutory Rules and Orders

1959

Legislation Title	Legislation Type	Remarks
Mental Health Act 1959	UK Public General Acts	1. The Mental Health Act 1959 was the first parliamentary Act on mental health that started treating the subject more seriously. 2. This was the first legal move to treat mental health issues similarly to physical illness (or as close as possible). 3. It also removed promiscuity or other immoral conduct as grounds for detention. 4. However, although this act was a great first step, there were, unfortunately, grey areas that needed clarifying. 5. There was confusion whether a legal detaining order for a person gave the hospital power to treat them against their will. 6. Moving into the 1970’s, it was becoming more obvious that a specific legal framework was required regarding medical treatments for mental health, such as psychiatric medication, electro convulsion therapy, and psychotherapy. 7. Repealed the Lunacy and Mental Treatment Acts 1890 to 1930 and the Mental Deficiency Acts 1913 to 1938. 8. Repealed by the Mental Health Act 1983.

1960

Legislation Title	Legislation Type	Remarks
The Mental Health Review Tribunal Rules, 1960	UK Statutory Instruments
Mental Health (Scotland) Act 1960	UK Public General Acts	1. Established the Mental Welfare Commission for Scotland.

1961

Legislation Title	Legislation Type	Remarks
The Mental Health Act (Northern Ireland) 1961 (Commencement) Order (Northern Ireland) 1961	Northern Ireland Statutory Rules and Orders

1962

Legislation Title	Legislation Type	Remarks
The Mental Health (Special Care Scheme Approval) Order (Northern Ireland) 1962	Northern Ireland Statutory Rules and Orders
The Mental Health Act 1961 (Commencement No. 2) Order (Northern Ireland) 1962	Northern Ireland Statutory Rules and Orders
The Mental Health (Formal Procedures) Regulations (Northern Ireland) 1962	Northern Ireland Statutory Rules and Orders
The Mental Health (Payment of Fees) Regulations (Northern Ireland) 1962	Northern Ireland Statutory Rules and Orders
The Mental Health Review Tribunal Rules (Northern Ireland) 1962	Northern Ireland Statutory Rules and Orders
The Mental Health (Formal Procedures) (Amendment) Regulations (Northern Ireland) 1962	Northern Ireland Statutory Rules and Orders

1963

Legislation Title	Legislation Type	Remarks
The Mental Health Act 1961 (Commencement) Order (Northern Ireland) 1963	Northern Ireland Statutory Rules and Orders
The Mental Patients’ Affairs (Amendment) Order (Northern Ireland) 1963	Northern Ireland Statutory Rules and Orders

1964

Legislation Title	Legislation Type	Remarks
Criminal Procedure (Insanity) Act 1964	UK Public General Acts	1. Refer to Trial of Lunatics Act 1883.

1965

Legislation Title	Legislation Type	Remarks
The Mental Health (Payment of Fees) (Amendment) Regulations (Northern Ireland) 1965	Northern Ireland Statutory Rules and Orders

1967

Legislation Title	Legislation Type	Remarks
The Mental Health (Abolition of Charge for Mid-day Meal at Instruction and Occupation Centres) Regulations (Northern Ireland) 1967	Northern Ireland Statutory Rules and Orders

1970

Legislation Title	Legislation Type	Remarks
The Mental Health (Payment of Fees) (Amendment) Regulations (Northern Ireland) 1970	Northern Ireland Statutory Rules and Orders
The Mental Health (Payment of Fees) Regulations (Northern Ireland) 1970	Northern Ireland Statutory Rules and Orders

1971

Legislation Title	Legislation Type	Remarks
The Mental Patients’ Affairs (Amendment) Order (Northern Ireland) 1971	Northern Ireland Statutory Rules and Orders
The Mental Health (Hospital and Guardianship) (Welsh Forms) Regulations 1971	UK Statutory Instruments
The Mental Health (Payment of Fees) (Amendment) Regulations (Northern Ireland) 1971	Northern Ireland Statutory Rules and Orders

1973

Legislation Title	Legislation Type	Remarks
The Mental Health (Payment of Fees) (Amendment) Regulations (Northern Ireland) 1973	Northern Ireland Statutory Rules and Orders
The Mental Health (Payment of Fees) Regulations (Northern Ireland) 1973	Northern Ireland Statutory Rules and Orders

1974

Legislation Title	Legislation Type	Remarks
The Mental Health (Payment of Fees) (Amendment) Regulations (Northern Ireland) 1974	Northern Ireland Statutory Rules

1975

Legislation Title	Legislation Type	Remarks
The Mental Health (Guardianship) (Scotland) Amendment Regulations 1975	UK Statutory Instruments
The Mental Health (Amendment) Act 1975 (Commencement) Order 1975	UK Statutory Instruments
The Mental Health (Hospital and Guardianship) Amendment Regulations 1975	UK Statutory Instruments

1976

Legislation Title	Legislation Type	Remarks
The Mental Health Review Tribunal (Amendment) Rules 1976	Northern Ireland Statutory Rules

1978

Legislation Title	Legislation Type	Remarks
The County Court (Mental Health Act) Rules (Northern Ireland) 1978	Northern Ireland Statutory Rules

1979

Legislation Title	Legislation Type	Remarks
The County Court (Mental Health Act) (Amendment) Rules (Northern Ireland) 1979	Northern Ireland Statutory Rules
The Mental Health (Constitution of State Hospital Management Committee) (Scotland) Amendment Order 1979	UK Statutory Instruments

1981

Legislation Title	Legislation Type	Remarks
The Mental Health (Payment of Fees) (Amendment) Regulations (Northern Ireland) 1981	Northern Ireland Statutory Rules
The Mental Health (Payment of Fees) (Amendment No. 2) Regulations (Northern Ireland) 1981	Northern Ireland Statutory Rules
The Nursing Homes and Mental Nursing Homes Regulations 1981	UK Statutory Instruments

1982

Legislation Title	Legislation Type	Remarks
Mental Health (Amendment) Act 1982	UK Public General Acts

1983

Legislation Title	Legislation Type	Remarks
The Mental Health (Payment of Fees) (Amendment) Regulations (Northern Ireland) 1983	Northern Ireland Statutory Rules
The Mental Health (Amendment) Act 1982 (Commencement No. 1) Order 1983	UK Statutory Instruments
The Mental Health (Nurses) Order 1983	UK Statutory Instruments
The Mental Health Act Commission (Establishment and Constitution) Order 1983	UK Statutory Instruments
The Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983	UK Statutory Instruments
The Mental Health Act Commission Regulations 1983	UK Statutory Instruments
The Nursing Homes and Mental Nursing Homes (Amendment) Regulations 1983	UK Statutory Instruments
The Mental Health Review Tribunal Rules 1983	UK Statutory Instruments
The Health Service Commissioner for England (Mental Health Act Commission) Order 1983	UK Statutory Instruments
The Mental Health (Amendment) (Scotland) Act 1983 (Commencement No. 1) Order 1983	UK Statutory Instruments
The Nurses, Midwives and Health Visitors (Mental Health Committee of the Welsh National Board) Order 1983	UK Statutory Instruments
The Mental Health (Amendment) (Scotland) Act 1983 (Commencement No. 2) Order 1983	UK Statutory Instruments
Mental Health Act 1983	UK Public General Acts	1. This Act was brought in to try and tackle these legal requirements (noted in the Mental Health Act 1959 Table). 2. It implements controls on treatments for mental disorders, specifically including mood altering drugs, electro convulsion therapy, and surgery, making it clearer what treatment a hospital could give to a detained patient. 3. It also introduced social workers, who were specially trained in mental health care and also demanded the aftercare (by local health services) of mental health patients who were released from detainment. 4. Mental Health Act 1983 Code of Practice (1983, revised in 1999). 5. Amended many times, notably in: a. 1995; b. 2001 (via remedial order, issued on the grounds of incompatibility with the European Convention of Human Rights under the Human Rights Act 1998 section 4); c. 2007 (Mental Health 2007 Act); and d. 2017 via the Policing and Crime Act 2017.

1984

Legislation Title	Legislation Type	Remarks
The Mental Health (Payment of Fees) (Amendment) Regulations (Northern Ireland) 1984	Northern Ireland Statutory Rules
The Mental Health (Prescription of Class of Nurse) (Scotland) Order 1984	UK Statutory Instruments
The Mental Health Act 1983 Commencement Order 1984	UK Statutory Instruments
The Mental Health (Specified Treatments, Guardianship Duties etc.) (Scotland) Regulations 1984	UK Statutory Instruments
The Mental Health (Prescribed Forms) (Scotland) Regulations 1984	UK Statutory Instruments
The Nursing Homes and Mental Nursing Homes Regulations 1984	UK Statutory Instruments
Mental Health (Scotland) Act 1984	UK Public General Acts	1. Amended by the Mental Health (Public Safety and Appeals) (Scotland) Act 1999. 2. Largely replaced by the Mental Health (Care and Treatment) (Scotland) Act 2003.

1985

Legislation Title	Legislation Type	Remarks
The Mental Health (Payment of Fees) (Amendment) Regulations (Northern Ireland) 1985	Northern Ireland Statutory Rules
The Isles of Scilly (Mental Health) Order 1985	UK Statutory Instruments

1986

Legislation Title	Legislation Type	Remarks
The Mental Health (Payment of Fees) (Amendment) Regulations (Northern Ireland) 1986	Northern Ireland Statutory Rules
The Mental Health (1986 Order) (Commencement No. 1) Order (Northern Ireland) 1986	Northern Ireland Statutory Rules
The Mental Health (Nurses, Guardianship, Consent to Treatment and Prescribed Forms) Regulations (Northern Ireland) 1986	Northern Ireland Statutory Rules
The Mental Health Review Tribunal (Northern Ireland) Rules (Northern Ireland) 1986	Northern Ireland Statutory Rules
The Mental Health (1986 Order) (Commencement No. 2) Order (Northern Ireland) 1986	Northern Ireland Statutory Rules
The Mental Health (Scotland) Act 1984 (Appointed Day) Order 1986	UK Statutory Instruments
The Nursing Homes and Mental Nursing Homes (Amendment) Regulations 1986	UK Statutory Instruments
Act of Sederunt (Mental Health (Scotland) Act 1984) 1986	UK Statutory Instruments
The Mental Health (Northern Ireland) Order 1986	Northern Ireland Orders in Council	1. Amended by the Mental Health (Amendment) (Northern Ireland) Order 2004. 2. Will be repealed, for anyone over 16, by the Mental Capacity Act (NI) 2016.
The Mental Health (Northern Ireland Consequential Amendments) Order 1986	UK Statutory Instruments

1988

Legislation Title	Legislation Type	Remarks
The Mental Health (1986 Order) (Commencement No. 3) Order (Northern Ireland) 1988	Northern Ireland Statutory Rules
The Nursing Homes and Mental Nursing Homes (Amendment) Regulations 1988	UK Statutory Instruments

1990

Legislation Title	Legislation Type	Remarks
The Mental Health (1986 Order) (Commencement No. 4) Order (Northern Ireland) 1990	Northern Ireland Statutory Rules
The Nursing Homes and Mental Nursing Homes (Amendment) Regulations 1990	UK Statutory Instruments
The Cornwall and Isles of Scilly Mental Handicap National Health Service Trust (Establishment) Order 1990	UK Statutory Instruments
The Mental Health Foundation of Mid Staffordshire National Health Service Trust (Establishment) Order 1990	UK Statutory Instruments
The Newcastle Mental Health National Health Service Trust (Establishment) Order 1990	UK Statutory Instruments
The West Dorset Mental Health National Health Service Trust (Establishment) Order 1990	UK Statutory Instruments

1991

Legislation Title	Legislation Type	Remarks
The Bath Mental Health Care National Health Service Trust (Establishment) Order 1991	UK Statutory Instruments
The North East Essex Mental Health National Health Service Trust (Establishment) Order 1991	UK Statutory Instruments
The Nursing Homes and Mental Nursing Homes (Amendment) Regulations 1991	UK Statutory Instruments
Mental Health (Detention) (Scotland) Act 1991	UK Public General Acts	1. Repealed.

1992

Legislation Title	Legislation Type	Remarks
The Mental Health (Nurses, Guardianship, Consent to Treatment and Prescribed Forms) (Amendment) Regulations (Northern Ireland) 1992	Northern Ireland Statutory Rules
The Mental Health (Detention) (Scotland) Act 1991 (Commencement) Order 1992	UK Statutory Instruments
The West Dorset Mental Health National Health Service Trust (Transfer of Trust Property) Order 1992	UK Statutory Instruments
The Mental Health Foundation of Mid Staffordshire National Health Service Trust (Transfer of Trust Property) Order 1992	UK Statutory Instruments
The Southern Derbyshire Mental Health National Health Service Trust (Establishment) Order 1992	UK Statutory Instruments
The South Lincolnshire Community and Mental Health Services National Health Service Trust (Establishment) Order 1992	UK Statutory Instruments
The Leeds Community and Mental Health Services Teaching National Health Service Trust (Establishment) Order 1992	UK Statutory Instruments
The Hounslow and Spelthorne Community and Mental Health National Health Service Trust (Establishment) Order 1992	UK Statutory Instruments
The Riverside Mental Health National Health Service Trust (Establishment) Order 1992	UK Statutory Instruments
The Northumberland Mental Health National Health Service Trust (Establishment) Order 1992	UK Statutory Instruments
The South Cumbria Community and Mental Health National Health Service Trust (Establishment) Order 1992	UK Statutory Instruments
The South West Durham Mental Health National Health Service Trust (Establishment) Order 1992	UK Statutory Instruments
The South Tees Community and Mental Health National Health Service Trust (Establishment) Order 1992	UK Statutory Instruments
The Shropshire’s Mental Health National Health Service Trust (Establishment) Order 1992	UK Statutory Instruments

1993

Legislation Title	Legislation Type	Remarks
The North West London Mental Health National Health Service Trust (Establishment) Order 1993	UK Statutory Instruments
The Mental Health (HSS Trusts – Consequential Amendment) Regulations (Northern Ireland) 1993	Northern Ireland Statutory Rules
The Shropshire’s Mental Health National Health Service Trust (Establishment) Amendment Order 1993	UK Statutory Instruments
The Cornwall and Isles of Scilly Mental Handicap National Health Service Trust (Change of Name) Order 1993	UK Statutory Instruments
The Mental Health Foundation of Mid Staffordshire National Health Service Trust (Change of Name) Order 1993	UK Statutory Instruments
The Mental Health (Nurses) Amendment Order 1993	UK Statutory Instruments
The Mental Health (Hospital, Guardianship and Consent to Treatment) Amendment Regulations 1993	UK Statutory Instruments
The Bath Mental Health Care National Health Service Trust (Transfer of Trust Property) Order 1993	UK Statutory Instruments
The Leicestershire Mental Health Service National Health Service Trust (Establishment) Order 1993	UK Statutory Instruments
The Oxfordshire Mental Healthcare National Health Service Trust (Establishment) Order 1993	UK Statutory Instruments
The South Warwickshire Mental Health National Health Service Trust (Establishment) Order 1993	UK Statutory Instruments
The Mental Health Services of Salford National Health Service Trust (Establishment) Order 1993	UK Statutory Instruments
The South East London Mental Health National Health Service Trust (Establishment) Order 1993	UK Statutory Instruments
The Norfolk Mental Health Care National Health Service Trust (Establishment) Order 1993	UK Statutory Instruments
The Mid Essex Community and Mental Health National Health Service Trust (Establishment) Order 1993	UK Statutory Instruments
The Glasgow Community and Mental Health Services National Health Service Trust (Establishment) Order 1993	UK Statutory Instruments

1994

Legislation Title	Legislation Type	Remarks
The Glasgow Community and Mental Health Services National Health Service Trust (Change of Name) (Establishment) Amendment Order 1994	UK Statutory Instruments
The South Birmingham Mental Health National Health Service Trust (Establishment) Order 1994	UK Statutory Instruments
The Northern Birmingham Mental Health National Health Service Trust (Establishment) Order 1994	UK Statutory Instruments
The East Surrey Learning Disability and Mental Health Service National Health Service Trust (Establishment) Order 1994	UK Statutory Instruments
The Heathlands Mental Health National Health Service Trust (Establishment) Order 1994	UK Statutory Instruments
The Mental Health (Nurses, Guardianship, Consent to Treatment and Prescribed Forms) (Amendment) Regulations (Northern Ireland) 1994	Northern Ireland Statutory Rules
The North West London Mental Health National Health Service Trust (Transfer of Trust Property) Order 1994	UK Statutory Instruments
The South Tees Community and Mental Health National Health Service Trust (Transfer of Trust Property) Order 1994	UK Statutory Instruments
The West Dorset Mental Health National Health Service Trust Dissolution Order 1994	UK Statutory Instruments
The South East London Mental Health National Health Service Trust (Change of Name and Miscellaneous Amendments) Order 1994	UK Statutory Instruments
The Newcastle Mental Health National Health Service Trust Dissolution Order 1994	UK Statutory Instruments
The North East Essex Mental Health National Health Service Trust (Transfer of Trust Property) Order 1994	UK Statutory Instruments
The Southern Derbyshire Mental Health National Health Service Trust (Transfer of Trust Property) Order 1994	UK Statutory Instruments
The Leeds Community and Mental Health Services Teaching National Health Service Trust (Transfer of Trust Property) Order 1994	UK Statutory Instruments
The Shropshire’s Mental Health National Health Service Trust (Transfer of Trust Property) Order 1994	UK Statutory Instruments
The Mental Health (Class of Nurse) (Scotland) Order 1994	UK Statutory Instruments
The South West Durham Mental Health National Health Service Trust (Transfer of Trust Property) Order 1994	UK Statutory Instruments
The South Lincolnshire Community and Mental Health Services National Health Service Trust (Transfer of Trust Property) Order 1994	UK Statutory Instruments
The Bournewood Community and Mental Health National Health Service Trust (Establishment) Order 1994	UK Statutory Instruments
The Black Country Mental Health National Health Service Trust (Establishment) Order 1994	UK Statutory Instruments
Mental Health (Amendment) Act 1994	UK Public General Acts	1. Repealed.

1995

Legislation Title	Legislation Type	Remarks
The Hounslow and Spelthorne Community and Mental Health National Health Service Trust (Transfer of Trust Property) Order 1995	UK Statutory Instruments
The East Surrey Learning Disability and Mental Health Service National Health Service Trust (Transfer of Trust Property) Order 1995	UK Statutory Instruments
The Mental Health (State Hospital Management Committee, State Hospital, Carstairs) (Scotland) Transfer and Dissolution Order 1995	UK Statutory Instruments
The Mid Essex Community and Mental Health National Health Service Trust (Transfer of Trust Property) Order 1995	UK Statutory Instruments
The Norfolk Mental Health Care National Health Service Trust (Transfer of Trust Property) Order 1995	UK Statutory Instruments
The Leicestershire Mental Health Service National Health Service Trust (Transfer of Trust Property) Order 1995	UK Statutory Instruments
The South Cumbria Community and Mental Health National Health Service Trust (Transfer of Trust Property) Order 1995	UK Statutory Instruments
The Northern Birmingham Mental Health National Health Service Trust (Transfer of Trust Property) Order 1995	UK Statutory Instruments
The South Warwickshire Mental Health National Health Service Trust (Transfer of Trust Property) Order 1995	UK Statutory Instruments
The East Surrey Learning Disability and Mental Health Service National Health Service Trust (Change of Name) Order 1995	UK Statutory Instruments
The Mental Health Services of Salford National Health Service Trust (Transfer of Trust Property) Order 1995	UK Statutory Instruments
The Mental Health Act Commission (Amendment) Regulations 1995	UK Statutory Instruments
Mental Health (Patients in the Community) Act 1995	UK Public General Acts

1996

Legislation Title	Legislation Type	Remarks
The Mental Health (After-care under Supervision) Regulations 1996	UK Statutory Instruments
The Mental Health (Patients in the Community) (Transfers from Scotland) Regulations 1996	UK Statutory Instruments
The Mental Health Review Tribunal (Amendment) Rules 1996	UK Statutory Instruments
The Mental Health Review Tribunals (Regions) Order 1996	UK Statutory Instruments
The Mental Health (Hospital, Guardianship and Consent to Treatment) (Amendment) Regulations 1996	UK Statutory Instruments
The Mental Health (Patients in the Community) (Transfer from England and Wales to Scotland) Regulations 1996	UK Statutory Instruments
The Mental Health (Prescribed Forms) (Scotland) Regulations 1996	UK Statutory Instruments
The South West Durham Mental Health National Health Service Trust Dissolution Order 1996	UK Statutory Instruments
The Heathlands Mental Health National Health Service Trust (Transfer of Trust Property) Order 1996	UK Statutory Instruments
The Oxfordshire Mental Healthcare National Health Service Trust (Transfer of Trust Property) Order 1996	UK Statutory Instruments
Act of Sederunt (Mental Health Rules) 1996	UK Statutory Instruments
The Leeds Community and Mental Health Services Teaching National Health Service Trust (Transfer of Trust Property) Order 1996	UK Statutory Instruments
The Mid Essex Community and Mental Health National Health Service Trust (Establishment) Amendment Order 1996	UK Statutory Instruments

1997

Legislation Title	Legislation Type	Remarks
The Black Country Mental Health National Health Service Trust (Transfer of Trust Property) Order 1997	UK Statutory Instruments
The Mental Health (Hospital, Guardianship and Consent to Treatment) Amendment Regulations 1997	UK Statutory Instruments
The South Lincolnshire Community and Mental Health Services National Health Service Trust (Establishment) Amendment Order 1997	UK Statutory Instruments

1998

Legislation Title	Legislation Type	Remarks
The Leeds Community and Mental Health Services Teaching National Health Service Trust (Establishment) Amendment Order 1998	UK Statutory Instruments
The Mental Health (Nurses, Guardianship, Consent to Treatment and Prescribed Forms) (Amendment) Regulations (Northern Ireland) 1998	Northern Ireland Statutory Rules
The Shropshire’s Community and Mental Health Services National Health Service Trust (Establishment) Order 1998	UK Statutory Instruments
The Dissolution of the North Downs Community Health National Health Service Trust and the Heathlands Mental Health National Health Service Trust Order 1998	UK Statutory Instruments
The Dissolution of the South Warwickshire Health Care National Health Service Trust and the South Warwickshire Mental Health National Health Service Trust Order 1998	UK Statutory Instruments
The Shropshire’s Mental Health National Health Service Trust (Dissolution) Order 1998	UK Statutory Instruments
The South Cumbria Community and Mental Health National Health Service Trust (Dissolution) Order 1998	UK Statutory Instruments
The Lewisham and Guy’s Mental Health National Health Service Trust (Transfers of Trust Property) Order 1998	UK Statutory Instruments
The Residential Care Homes and the Nursing Homes and Mental Nursing Homes (Amendment) Regulations 1998	UK Statutory Instruments
The Black Country Mental Health National Health Service Trust (Establishment) Amendment Order 1998	UK Statutory Instruments
The Mental Health Review Tribunal (Amendment) Rules 1998	UK Statutory Instruments
The Oxfordshire Mental Healthcare National Health Service Trust (Establishment) Amendment Order 1998	UK Statutory Instruments
The Mental Health Review Tribunals (Regions) Order 1998	UK Statutory Instruments
The Leeds Community and Mental Health Services Teaching National Health Service Trust (Establishment) Amendment (No. 2) Order 1998	UK Statutory Instruments
The Mental Health (Hospital, Guardianship and Consent to Treatment) Amendment Regulations 1998	UK Statutory Instruments
The Mental Health (Nurses) Order 1998	UK Statutory Instruments
The Riverside Mental Health, the North West London Mental Health and the West London Healthcare National Health Service Trusts (Dissolution) Order 1998	UK Statutory Instruments
The Ealing, Hammersmith and Fulham Mental Health National Health Service Trust (Establishment) Order 1998	UK Statutory Instruments
The Brent, Kensington & Chelsea and Westminster Mental Health National Health Service Trust (Establishment) Order 1998	UK Statutory Instruments
The Leicestershire Mental Health Service and the Fosse Health, Leicestershire Community National Health Service Trusts (Dissolution) Order 1998	UK Statutory Instruments

1999

Legislation Title	Legislation Type	Remarks
Superannuation (Secretary to The Mental Health Commission) Order (Northern Ireland) 1999	Northern Ireland Statutory Rules
The South Lincolnshire Community and Mental Health Services National Health Service Trust (Establishment) Amendment Order 1999	UK Statutory Instruments
The Hartlepool and East Durham, the North Tees Health and the South Tees Community and Mental Health National Health Service Trusts (Dissolution) Order 1999	UK Statutory Instruments
The Bath Mental Health Care National Health Service Trust (Establishment) Amendment Order 1999	UK Statutory Instruments
The Bethlem and Maudsley, the Lambeth Healthcare, the Lewisham and Guy’s Mental Health and the Optimum Health Services National Health Service Trusts (Dissolution) Order 1999	UK Statutory Instruments
The South Birmingham Mental Health National Health Service Trust (Establishment) Amendment Order 1999	UK Statutory Instruments
The Northern Birmingham Mental Health National Health Service Trust (Establishment) Amendment Order 1999	UK Statutory Instruments
The South Birmingham Mental Health National Health Service Trust (Transfers of Trust Property) Order 1999	UK Statutory Instruments
The Worcestershire Community and Mental Health National Health Service Trust (Establishment) Order 1999	UK Statutory Instruments
Mental Health (Public Safety and Appeals) (Scotland) Act 1999	Acts of the Scottish Parliament	1. It amended the Mental Health (Scotland) Act 1984. 2. Repealed by the Mental Health (Care and Treatment) (Scotland) Act 2003.
Mental Health (Amendment) (Scotland) Act 1999	UK Public General Acts	1. Repealed.

2000

Legislation Title	Legislation Type	Remarks
The South Essex Mental Health and Community Care National Health Service Trust (Establishment) Order 2000	UK Statutory Instruments
The East London and The City Mental Health National Health Service Trust (Establishment) Order 2000	UK Statutory Instruments
The Avon and Western Wiltshire Mental Health Care National Health Service Trust (Transfer of Trust Property) Order 2000	UK Statutory Instruments
The North East London Mental Health National Health Service Trust (Establishment) Order 2000	UK Statutory Instruments
The East London and The City Mental Health National Health Service Trust (Establishment) Amendment Order 2000	UK Statutory Instruments
The West London Mental Health National Health Service Trust (Establishment) Order 2000	UK Statutory Instruments
Adults with Incapacity (Scotland) Act 2000	Acts of the Scottish Parliament

2001

Legislation Title	Legislation Type	Remarks
Superannuation (Chief Executive to the Mental Health Commission) Order (Northern Ireland) 2001	Northern Ireland Statutory Rules
The Newcastle, North Tyneside and Northumberland Mental Health National Health Service Trust (Establishment) Order 2001	UK Statutory Instruments
The Newcastle City Health and the Northumberland Mental Health National Health Service Trusts (Dissolution) Order 2001	UK Statutory Instruments
The Avon and Western Wiltshire Mental Health Care National Health Service Trust (Change of Name) Order 2001	UK Statutory Instruments
The North Essex Mental Health Partnership National Health Service Trust (Establishment) Order 2001	UK Statutory Instruments
The Buckinghamshire Mental Health National Health Service Trust (Establishment) Order 2001	UK Statutory Instruments
The North Cumbria Mental Health and Learning Disabilities National Health Service Trust (Establishment) Order 2001	UK Statutory Instruments
The Essex and Herts Community, the Mid Essex Community and Mental Health, and the North East Essex Mental Health National Health Service Trusts (Dissolution) Order 2001	UK Statutory Instruments
The Camden and Islington Mental Health National Health Service Trust (Establishment) Order 2001	UK Statutory Instruments
The Barnet, Enfield and Haringey Mental Health National Health Service Trust (Establishment) Order 2001	UK Statutory Instruments
The Southern Derbyshire Mental Health National Health Service Trust Change of Name and (Establishment) Amendment Order 2001	UK Statutory Instruments
The Ealing, Hammersmith and Fulham Mental Health National Health Service Trust (Dissolution) Order 2001	UK Statutory Instruments
The Mental Health Act 1983 (Remedial) Order 2001	UK Statutory Instruments

2002

Legislation Title	Legislation Type	Remarks
The Shropshire’s Community & Mental Health Services National Health Service Trust (Transfer of Trust Property) Order 2002	UK Statutory Instruments
The Cambridgeshire and Peterborough Mental Health Partnership National Health Service Trust (Establishment) and the Lifespan Health Care Cambridge National Health Service Trust and the North West Anglia Health Care National Health Service Trust (Dissolution) Order 2002	UK Statutory Instruments
The Manchester Mental Health and Social Care Trust (Establishment) Order 2002	UK Statutory Instruments
The Southern Derbyshire Mental Health National Health Service Trust Change of Name and (Establishment) Amendment Order and the Community Health Care Service (North Derbyshire) National Health Service Trust (Dissolution) Order 2002	UK Statutory Instruments
The South West Yorkshire Mental Health National Health Service Trust (Establishment) and the Wakefield and Pontefract Community National Health Service Trust (Dissolution) Order 2002	UK Statutory Instruments
The South of Tyne and Wearside Mental Health National Health Service Trust (Establishment) and the Priority Healthcare Wearside National Health Service Trust (Dissolution) Order 2002	UK Statutory Instruments
The Bournewood Community and Mental Health National Health Service Trust Change of Name Order 2002	UK Statutory Instruments
The Worcestershire Community and Mental Health National Health Service Trust Change of Name and (Establishment) Amendment Order 2002	UK Statutory Instruments
The Brent, Kensington, Chelsea and Westminster Mental Health National Health Service Trust Change of Name and (Establishment) Amendment Order 2002	UK Statutory Instruments
The Camden and Islington Mental Health National Health Service Trust (Establishment) Amendment Order 2002	UK Statutory Instruments
The South Essex Mental Health and Community Care National Health Service Trust Change of Name and (Establishment) Amendment Order 2002	UK Statutory Instruments
The Leeds Community and Mental Health Services Teaching National Health Service Trust (Change of Name) Order 2002	UK Statutory Instruments
The Cambridgeshire and Peterborough Mental Health Partnership National Health Service Trust (Establishment) and the Lifespan Health Care Cambridge National Health Service Trust and the North West Anglia Health Care National Health Service Trust (Dissolution) Amendment Order 2002	UK Statutory Instruments

2003

Legislation Title	Legislation Type	Remarks
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Commencement No. 1) Order 2003	Scottish Statutory Instruments
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Modification) Order 2003	Scottish Statutory Instruments
The Birmingham and Solihull Mental Health National Health Service Trust (Establishment) and the Northern Birmingham Mental Health National Health Service Trust and South Birmingham Mental Health National Health Service Trust (Dissolution) Order 2003	UK Statutory Instruments
The South Birmingham Mental Health National Health Service Trust (Transfer of Trust Property) Order 2003	UK Statutory Instruments
The Northern Birmingham Mental Health National Health Service Trust (Transfer of Trust Property) Order 2003	UK Statutory Instruments
The Bolton, Salford and Trafford Mental Health National Health Service Trust (Establishment) and the Mental Health Services of Salford National Health Service Trust (Dissolution) Order 2003	UK Statutory Instruments
The Black Country Mental Health National Health Service Trust (Change of Name) and (Establishment) Amendment Order 2003	UK Statutory Instruments
The Mental Health (Correspondence of Patients, Patient Advocacy and Liaison Services) Regulations 2003	UK Statutory Instruments
The Mental Health Review Tribunals (Regions) Order 2003	UK Statutory Instruments
The Delayed Discharges (Mental Health Care) (England) Order 2003	UK Statutory Instruments
The Cambridgeshire and Peterborough Mental Health Partnership National Health Service Trust (Establishment) and the Lifespan Health Care Cambridge National Health Service Trust and the North West Anglia Health Care National Health Service Trust (Dissolution) Amendment Order 2003	UK Statutory Instruments
Mental Health (Care and Treatment) (Scotland) Act 2003	Acts of the Scottish Parliament	1. It largely replaces the Mental Health (Scotland) Act 1984. 2. Repealed the Mental Health (Public Safety and Appeals) (Scotland) Act 1999).

2004

Legislation Title	Legislation Type	Remarks
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Commencement No. 2) Order 2004	Scottish Statutory Instruments
The Mental Health Tribunal for Scotland (Disqualification) Regulations 2004	Scottish Statutory Instruments
The Mental Health Tribunal for Scotland (Appointment of President) Regulations 2004	Scottish Statutory Instruments
The Mental Health Tribunal for Scotland (Appointment of Legal Members) Regulations 2004	Scottish Statutory Instruments
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Commencement No. 3) Order 2004	Scottish Statutory Instruments
The Mental Health Tribunal for Scotland (Delegation of the President’s Functions) Regulations 2004	Scottish Statutory Instruments
The Mental Health Tribunal for Scotland (Appointment of Medical Members) Regulations 2004	Scottish Statutory Instruments
The Mental Health Tribunal for Scotland (Appointment of General Members) Regulations 2004	Scottish Statutory Instruments
The Mental Health (Advance Statements) (Prescribed Class of Persons) (Scotland) Regulations 2004	Scottish Statutory Instruments
The Mental Health (Patient Representation) (Prescribed Persons) (Scotland) Regulations 2004	Scottish Statutory Instruments
The Mental Health Tribunal for Scotland (Disciplinary Committee) Regulations 2004	Scottish Statutory Instruments
The Mental Health (Advance Statements) (Prescribed Class of Persons) (Scotland) (No. 2) Regulations 2004	Scottish Statutory Instruments
The Mental Health (Patient Representation) (Prescribed Persons) (Scotland) (No. 2) Regulations 2004	Scottish Statutory Instruments
The North West Surrey Mental Health National Health Service Partnership Trust (Transfer of Trust Property) Order 2004	UK Statutory Instruments
The Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004	Scottish Statutory Instruments
The North Essex Mental Health Partnership National Health Service Trust (Transfer of Trust Property) Order 2004	UK Statutory Instruments
The Mental Health (Amendment) (Northern Ireland) Order 2004	Northern Ireland Orders in Council
The Norfolk Mental Health Care National Health Service Trust (Change of Name) (Establishment) Amendment Order 2004	UK Statutory Instruments
The South Essex Mental Health and Community Care National Health Service Trust (Establishment) Amendment Order 2004	UK Statutory Instruments

2005

Legislation Title	Legislation Type	Remarks
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Commencement No. 4) Order 2005	Scottish Statutory Instruments
The Mental Health (Fee Payable to Designated Medical Practitioners) (Scotland) Regulations 2005	Scottish Statutory Instruments
The Mental Welfare Commission for Scotland (Prescribed Persons) Regulations 2005	Scottish Statutory Instruments
The Mental Welfare Commission for Scotland (Authorised Persons) Regulations 2005	Scottish Statutory Instruments
The Mental Health (Provision of Information to Patients) (Prescribed Times) (Scotland) Regulations 2005	Scottish Statutory Instruments
The Mental Welfare Commission for Scotland (Appointment of Medical Commissioners) Regulations 2005	Scottish Statutory Instruments
The Mental Health (Conflict of Interest) (Scotland) Regulations 2005	Scottish Statutory Instruments
The Mental Health (Medical treatment subject to safeguards) (Section 234) (Scotland) Regulations 2005	Scottish Statutory Instruments
The Mental Health (Medical treatment subject to safeguards) (Section 237) (Scotland) Regulations 2005	Scottish Statutory Instruments
The Mental Health (Content and amendment of care plans) (Scotland) Regulations 2005	Scottish Statutory Instruments
The Mental Health (Social Circumstances Reports) (Scotland) Regulations 2005	Scottish Statutory Instruments
The Mental Health (Content and amendment of Part 9 care plans) (Scotland) Regulations 2005	Scottish Statutory Instruments
The Mental Health (Compulsion orders – documents and reports to be submitted to the Tribunal) (Scotland) Regulations 2005	Scottish Statutory Instruments
The Mental Health (Compulsory treatment orders – documents and reports to be submitted to the Tribunal) (Scotland) Regulations 2005	Scottish Statutory Instruments
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Commencement No. 4) Amendment Order 2005	Scottish Statutory Instruments
The Mental Health (Conflict of Interest) (Scotland) (No. 2) Regulations 2005	Scottish Statutory Instruments
The Mental Health (Removal Order) (Scotland) Regulations 2005	Scottish Statutory Instruments
The Mental Health (Safeguards for Certain Informal Patients) (Scotland) Regulations 2005	Scottish Statutory Instruments
The Mental Health (Specified Persons’ Correspondence) (Scotland) Regulations 2005	Scottish Statutory Instruments
The Mental Welfare Commission for Scotland (Procedure and Delegation of Functions) Regulations 2005	Scottish Statutory Instruments
The Mental Health (Fee Payable to Designated Medical Practitioners) (Scotland) (No. 2) Regulations 2005	Scottish Statutory Instruments
The Mental Health (Period for Appeal) Regulations 2005	Scottish Statutory Instruments
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Code of Practice) Order 2005	Scottish Statutory Instruments
The Mental Health Tribunal for Scotland (Practice and Procedure) Rules 2005	Scottish Statutory Instruments
The Mental Health (Period for Appeal) (Scotland) (No. 2) Regulations 2005	Scottish Statutory Instruments
The Mental Welfare Commission for Scotland (Procedure and Delegation of Functions) (No. 2) Regulations 2005	Scottish Statutory Instruments
The Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 2005	Scottish Statutory Instruments
The Mental Health (Form of Documents) (Scotland) Regulations 2005	Scottish Statutory Instruments
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Subordinate Legislation) Order 2005	Scottish Statutory Instruments
The Mental Health (Class of Nurse) (Scotland) Regulations 2005	Scottish Statutory Instruments
The Mental Health (Class of Nurse) (Scotland) Revocation Order 2005	Scottish Statutory Instruments
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Order 2005	Scottish Statutory Instruments
Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Mental Health (Care and Treatment) (Scotland) Act 2003) 2005	Scottish Statutory Instruments
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Commencement No. 4) Amendment (No. 2) Order 2005	Scottish Statutory Instruments
The Mental Health (Absconding by mentally disordered offenders) (Scotland) Regulations 2005	Scottish Statutory Instruments
The Mental Health (Safety and Security) (Scotland) Regulations 2005	Scottish Statutory Instruments
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005	Scottish Statutory Instruments
The Mental Health (Definition of Specified Person: Correspondence) (Scotland) Regulations 2005	Scottish Statutory Instruments
The Mental Health (Cross border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005	Scottish Statutory Instruments
The Mental Health (Use of Telephones) (Scotland) Regulations 2005	Scottish Statutory Instruments
The Surrey and Borders Partnership National Health Service Trust (Establishment) and the North West Surrey Mental Health National Health Service Partnership Trust, the Surrey Hampshire Borders National Health Service Trust and the Surrey Oaklands National Health Service Trust (Dissolution) Order 2005	UK Statutory Instruments
Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Mental Health (Care and Treatment) (Scotland) Act 2003) 2005	Scottish Statutory Instruments
The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005	Scottish Statutory Instruments
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005	UK Statutory Instruments
Mental Capacity Act 2005	UK Public General Acts

2006

Legislation Title	Legislation Type	Remarks
The Mental Health (Recall or Variation of Removal Order) (Scotland) Regulations 2006	Scottish Statutory Instruments
The Mental Health (Form of Documents) (Scotland) Regulations 2006	Scottish Statutory Instruments
The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2006	Scottish Statutory Instruments
The Mental Health (Relevant Health Board for Patients Detained in Conditions of Excessive Security) (Scotland) Regulations 2006	Scottish Statutory Instruments
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Amendment Order 2006	Scottish Statutory Instruments
The Buckinghamshire Mental Health National Health Service Trust (Dissolution) Order 2006	UK Statutory Instruments
The Oxfordshire Mental Healthcare National Health Service Trust (Change of Name) (Establishment) Amendment Order 2006	UK Statutory Instruments
The Northumberland, Tyne and Wear National Health Service Trust (Establishment) and the South of Tyne and Wearside Mental Health National Health Service Trust, the Northgate and Prudhoe National Health Service Trust and the Newcastle, North Tyneside and Northumberland Mental Health National Health Service Trust (Dissolution) Order 2006	UK Statutory Instruments
The Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (General) Regulations 2006	UK Statutory Instruments
The Education (Disqualification Provisions: Bankruptcy and Mental Health) (England) Regulations 2006	UK Statutory Instruments
The Mental Capacity Act 2005 (Appropriate Body) (England) Regulations 2006	UK Statutory Instruments
The Mental Capacity Act 2005 (Commencement No.1) Order 2006	UK Statutory Instruments
The Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Expansion of Role) Regulations 2006	UK Statutory Instruments
The Mental Capacity Act 2005 (Commencement No.1) (Amendment) Order 2006	UK Statutory Instruments
The Mental Capacity Act 2005 (Appropriate Body) (England) (Amendment) Regulations 2006	UK Statutory Instruments

2007

Legislation Title	Legislation Type	Remarks
The Mental Health (Safety and Security) (Scotland) Amendment Regulations 2007	Scottish Statutory Instruments
The Mental Capacity Act 2005 (Commencement No.1) (England and Wales) Order 2007	UK Statutory Instruments
The Mental Capacity Act 2005 (Loss of Capacity during Research Project) (England) Regulations 2007	UK Statutory Instruments
The Mental Capacity Act 2005 (Appropriate Body) (Wales) Regulations 2007	Wales Statutory Instruments
The Mental Capacity Act 2005 (Loss of Capacity during Research Project) (Wales) Regulations 2007	Wales Statutory Instruments
The Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Wales) Regulations 2007	Wales Statutory Instruments
Mental Capacity Act 2005 (Commencement) (Wales) Order 2007	Wales Statutory Instruments
The East London and The City Mental Health National Health Service Trust (Change of Name)(Establishment) Amendment Order 2007	UK Statutory Instruments
The North Cumbria Mental Health and Learning Disabilities National Health Service Trust (Change of Name) (Establishment) Amendment Order 2007	UK Statutory Instruments
The Mental Capacity Act 2005 (Commencement No.2) Order 2007	UK Statutory Instruments
The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007	UK Statutory Instruments
The Mental Capacity Act 2005 (Transfer Of Proceedings) Order 2007	UK Statutory Instruments
The Mental Health Act 2007 (Commencement No.1) Order 2007	UK Statutory Instruments
The Mental Health Act 2007 (Commencement No.2) Order 2007	UK Statutory Instruments
The Mental Health Act 2007 (Commencement No.3) Order 2007	UK Statutory Instruments
Mental Health Act 2007	UK Public General Acts	1. Largely came into force in 2008. 2. The 2007 Act just amended the Mental Health Act 1983, it did not replace it.

2008

Legislation Title	Legislation Type	Remarks
The Mental Health (Cross-border Visits) (Scotland) Regulations 2008	Scottish Statutory Instruments
The Mental Health (Certificates for Medical Treatment) (Scotland) Amendment Regulations 2008	Scottish Statutory Instruments
The Mental Health (Absconding Patients from Other Jurisdictions) (Scotland) Regulations 2008	Scottish Statutory Instruments
The Mental Health (England and Wales Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations 2008	Scottish Statutory Instruments
The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2008	Scottish Statutory Instruments
The Mental Health Act 2007 (Commencement No. 4) Order 2008	UK Statutory Instruments
The Mental Health Act 2007 (Commencement No. 5 and Transitional Provisions) Order 2008	UK Statutory Instruments
The Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008	UK Statutory Instruments
The Mental Health (Mutual Recognition) Regulations 2008	UK Statutory Instruments
The Mental Health (Conflicts of Interest) (England) Regulations 2008	UK Statutory Instruments
The Mental Health (Approved Mental Health Professionals) (Approval) (England) Regulations 2008	UK Statutory Instruments
The Mental Health (Nurses) (England) Order 2008	UK Statutory Instruments
The Mental Health Act 2007 (Commencement No. 6 and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008	UK Statutory Instruments
The Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person’s Representative) Regulations 2008	UK Statutory Instruments
The Cambridgeshire and Peterborough Mental Health Partnership National Health Service Trust (Transfer of Trust Property) Order 2008	UK Statutory Instruments
The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008	UK Statutory Instruments
The Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008	UK Statutory Instruments
The Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person’s Representative) (Amendment) Regulations 2008	UK Statutory Instruments
The Dudley and Walsall Mental Health Partnership National Health Service Trust (Establishment) Order 2008	UK Statutory Instruments
The Mental Health (Approval of Persons to be Approved Mental Health Professionals) (Wales) Regulations 2008	Wales Statutory Instruments
The Mental Health (Independent Mental Health Advocates) (Wales) Regulations 2008	Wales Statutory Instruments
The Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008	Wales Statutory Instruments
The Mental Health (Conflicts of Interest) (Wales) Regulations 2008	Wales Statutory Instruments
The Mental Health (Nurses) (Wales) Order 2008	Wales Statutory Instruments
The Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2008	UK Statutory Instruments
The Mental Health Act 2007 (Commencement No. 8 and Transitional Provisions) Order 2008	UK Statutory Instruments
The Mental Health Review Tribunal for Wales Rules 2008	UK Statutory Instruments
The Mental Health Act 2007 (Commencement No.9) Order 2008	UK Statutory Instruments
The Mental Health Act 2007 (Consequential Amendments) Order 2008	UK Statutory Instruments
The Mental Health Act 1983 (Independent Mental Health Advocates) (England) Regulations 2008	UK Statutory Instruments

2009

Legislation Title	Legislation Type	Remarks
The Mental Health Act 2007 (Commencement No.10 and Transitional Provisions) Order 2009	UK Statutory Instruments
The Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person’s Representative) (Wales) Regulations 2009	Wales Statutory Instruments
The Mental Health Tribunal for Scotland (Appointment of Medical Members) Amendment Regulations 2009	Scottish Statutory Instruments
The Rotherham Doncaster and South Humber Mental Health NHS Foundation Trust (Transfer of Trust Property) Order 2009	UK Statutory Instruments
The Dudley and Walsall Mental Health Partnership National Health Service Trust (Originating Capital) Order 2009	UK Statutory Instruments
The Mental Capacity (Deprivation of Liberty: Assessments, Standard Authorisations and Disputes about Residence) (Wales) Regulations 2009	Wales Statutory Instruments
The Mental Capacity (Deprivation of Liberty: Monitoring and Reporting; and Assessments -Amendment) Regulations 2009	UK Statutory Instruments
The Mental Health and Mental Capacity (Advocacy) Amendment (England) Regulations 2009	UK Statutory Instruments

2010

Legislation Title	Legislation Type	Remarks
The Mental Health Review Tribunal (Amendment) Rules (Northern Ireland) 2010	Northern Ireland Statutory Rules
The Mental Health Act 2007 (Commencement No.11) Order 2010	UK Statutory Instruments
The Mental Welfare Commission for Scotland (Qualifications, Training and Experience of Medical Visitors) Regulations 2010	Scottish Statutory Instruments
The Bedfordshire and Luton Mental Health and Social Care Partnership National Health Service Trust (Dissolution) Order 2010	UK Statutory Instruments
Mental Health (Wales) Measure 2010	Measures of the National Assembly for Wales

2011

Legislation Title	Legislation Type	Remarks
The Barnet, Enfield and Haringey Mental Health National Health Service Trust (Establishment) Amendment Order 2011	UK Statutory Instruments
The Worcestershire Health and Care National Health Service Trust (Establishment) and the Worcestershire Mental Health Partnership National Health Service Trust (Dissolution) Order 2011	UK Statutory Instruments
The Mental Health (Assessment of Former Users of Secondary Mental Health Services) (Wales) Regulations 2011	Wales Statutory Instruments
The Mental Health (Independent Mental Health Advocates) (Wales) Regulations 2011	Wales Statutory Instruments
The Mental Capacity Act 2005 (Appropriate Body) (England) Amendment Regulations 2011	UK Statutory Instruments
The Mental Health (Care Co-ordination and Care and Treatment Planning) (Wales) Regulations 2011	Wales Statutory Instruments
The Suffolk Mental Health Partnership National Health Service Trust (Dissolution) Order 2011	UK Statutory Instruments
The Mental Health (Wales) Measure 2010 (Commencement No.1 and Transitional Provision) Order 2011	Wales Statutory Instruments

2012

Legislation Title	Legislation Type	Remarks
The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2012	Scottish Statutory Instruments
The Mental Health (Safety and Security) (Scotland) Amendment Regulations 2012	Scottish Statutory Instruments
The Mental Health (1986 Order) (Commencement No. 5) Order (Northern Ireland) 2012	Northern Ireland Statutory Rules
Mental Health (Private Hospitals) (Fees) Regulations (Northern Ireland) 2012	Northern Ireland Statutory Rules
Mental Health (Private Hospitals) Regulations (Northern Ireland) 2012	Northern Ireland Statutory Rules	1. Revoked.
The Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2012	UK Statutory Instruments
The Mental Health (Regional Provision) (Wales) Regulations 2012	Wales Statutory Instruments
The Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) (Amendment) Regulations 2012	Wales Statutory Instruments
The Mental Health (Primary Care Referrals and Eligibility to Conduct Primary Mental Health Assessments) (Wales) Regulations 2012	Wales Statutory Instruments
The Mental Health (Wales) Measure 2010 (Commencement No.2) Order 2012	Wales Statutory Instruments
The Mental Health (Secondary Mental Health Services) (Wales) Order 2012	Wales Statutory Instruments
The Mental Health (Wales) Measure 2010 (Commencement No.3) Order 2012	Wales Statutory Instruments
Mental Health (Approval Functions) Act 2012	UK Public General Acts

2013

Legislation Title	Legislation Type	Remarks
Mental Health (Private Hospitals) Regulations (Northern Ireland) 2013	Northern Ireland Statutory Rules
The Mental Health (Discrimination) Act 2013 (Commencement) Order 2013	UK Statutory Instruments
Mental Health (Discrimination) Act 2013	UK Public General Acts	1. Relates to the Mental Health Act 1983 and the Juries Act 1974.

2014

Legislation Title	Legislation Type	Remarks
The Barnet, Enfield and Haringey Mental Health National Health Service Trust (Establishment) Amendment Order 2014	UK Statutory Instruments

2015

Legislation Title	Legislation Type	Remarks
Assisted Decision-Making (Capacity) Act 2015	UK Public General Acts
The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2015	Scottish Statutory Instruments
The Mental Health (Scotland) Act 2015 (Commencement No. 1, Transitional and Saving Provisions) Order 2015	Scottish Statutory Instruments
The Mental Health (Detention in Conditions of Excessive Security) (Scotland) Regulations 2015	Scottish Statutory Instruments
The Mental Health (Scotland) Act 2015 (Commencement No. 2) Order 2015	Scottish Statutory Instruments
Mental Health (Scotland) Act 2015	Acts of the Scottish Parliament

2016

Legislation Title	Legislation Type	Remarks
The Mental Health Review Tribunal (Amendment) Rules (Northern Ireland) 2016	Northern Ireland Statutory Rules
Mental Capacity Act (Northern Ireland) 2016	Acts of the Northern Ireland Assembly	1. When fully commenced, will fuse together mental capacity and mental health law for those aged 16 years old and over within a single piece of legislation, as recommended by the Bamford Review of Mental Health and Learning Disability. 2. The Act provides a statutory framework for people who lack capacity to make a decision for themselves and for those who now have capacity but wish to make preparations for a time in the future when they lack capacity. 3. When the Act is fully commenced the Mental Health (Northern Ireland) Order 1986 will be repealed for anyone over the age of 16.

2017

Legislation Title	Legislation Type	Remarks
The Mental Health (Scotland) Act 2015 (Commencement No. 3) Order 2017	Scottish Statutory Instruments
The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2017	Scottish Statutory Instruments
The Mental Health (Conflict of Interest) (Scotland) Regulations 2017	Scottish Statutory Instruments
The Mental Health (Patient Representation) (Prescribed Persons) (Scotland) Regulations 2017	Scottish Statutory Instruments
The Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 2017	Scottish Statutory Instruments
The Mental Health (Scotland) Act 2015 (Commencement No. 4 and Transitional and Savings Provisions) Order 2017	Scottish Statutory Instruments
The Mental Health (Cross-border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Amendment Regulations 2017	Scottish Statutory Instruments
The Mental Health (Cross-border Visits) (Scotland) Amendment Regulations 2017	Scottish Statutory Instruments
The Mental Health (Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations 2017	Scottish Statutory Instruments
The Mental Health (Scotland) Act 2015 (Commencement No. 5 and Transitional Provisions) Order 2017	Scottish Statutory Instruments
The Mental Health Act 1983 (Places of Safety) Regulations 2017	UK Statutory Instruments
The Mental Health Act 2007 (Commencement No. 12 and Transitional Provisions) Order 2017	UK Statutory Instruments
The Mental Health Review Tribunal for Wales (Amendment and constitution of tribunals) Rules 2017	UK Statutory Instruments

2018

Legislation Title	Legislation Type	Remarks
The West London Mental Health National Health Service Trust (Establishment) (Amendment) Order 2018	UK Statutory Instruments
The Mental Health (Northern Ireland) (Amendment) Order 2018	UK Statutory Instruments
Mental Health Units (Use of Force) Act 2018	UK Public General Acts	1. Also known as Seni’s Law. 2. Amended the 1983 Act.

2019

Legislation Title	Legislation Type	Remarks
The Mental Capacity (2016 Act) (Commencement No. 1) Order (Northern Ireland) 2019	Northern Ireland Statutory Rules
The Mental Capacity (Deprivation of Liberty) Regulations (Northern Ireland) 2019	Northern Ireland Statutory Rules	1. Revoked.
The Mental Capacity (Deprivation of Liberty) (Amendment) Regulations (Northern Ireland) 2019	Northern Ireland Statutory Rules	1. Revoked.
The Mental Capacity (2016 Act) (Commencement No. 1) (Amendment) Order (Northern Ireland) 2019	Northern Ireland Statutory Rules
The Mental Capacity (Deprivation of Liberty) (Revocation) Regulations (Northern Ireland) 2019	Northern Ireland Statutory Rules
The Mental Capacity (Research) Regulations (Northern Ireland) 2019	Northern Ireland Statutory Rules
The Mental Capacity (Deprivation of Liberty) (No. 2) Regulations (Northern Ireland) 2019	Northern Ireland Statutory Rules
The Mental Capacity (Money and Valuables) Regulations (Northern Ireland) 2019	Northern Ireland Statutory Rules
The Mental Capacity (Deprivation of Liberty) (No. 2) (Amendment) Regulations (Northern Ireland) 2019	Northern Ireland Statutory Rules
The Mental Health Units (Use of Force) Act 2018 Commencement (No. 1) Regulations 2019	UK Statutory Instruments
Mental Capacity (Amendment) Act 2019	UK Public General Acts

2020

Legislation Title	Legislation Type	Remarks
The Mental Capacity (Research) (Amendment) Regulations (Northern Ireland) 2020	Northern Ireland Statutory Rules
The Mental Health (Northern Ireland) (Amendment) Order 2020	Northern Ireland Statutory Rules
The Mental Capacity (Deprivation of Liberty) (Amendment) Regulations (Northern Ireland) 2020	Northern Ireland Statutory Rules	1. Revoked.
The Mental Capacity (Deprivation of Liberty) (Amendment) (Revocation) Regulations (Northern Ireland) 2020	Northern Ireland Statutory Rules
The Mental Health (1986 Order) (Amendment No. 2) Order (Northern Ireland) 2020	Northern Ireland Statutory Rules
The Mental Health (Nurses, Guardianship, Consent to Treatment and Prescribed Forms) (Amendment) Regulations (Northern Ireland) 2020	Northern Ireland Statutory Rules
The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2020	Scottish Statutory Instruments
The Mental Capacity (2016 Act) (Commencement No.1) (Amendment) Order (Northern Ireland) 2020	Northern Ireland Statutory Rules
The Dudley and Walsall Mental Health Partnership National Health Service Trust (Establishment) (Amendment) Order 2020	UK Statutory Instruments
The Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2020	UK Statutory Instruments
The Worcestershire Health and Care National Health Service Trust (Establishment) and the Worcestershire Mental Health Partnership National Health Service Trust (Dissolution) (Amendment) Order 2020	UK Statutory Instruments
The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020	UK Statutory Instruments
The Coronavirus Act 2020 (Expiry of Mental Health Provisions) (England and Wales) Regulations 2020	UK Statutory Instruments

2021

Legislation Title	Legislation Type	Remarks
The Mental Health (1986 Order) (Amendment) Order (Northern Ireland) 2021	Northern Ireland Statutory Rules
The Mental Health (1986 Order) (Amendment No. 2) Order (Northern Ireland) 2021	Northern Ireland Statutory Rules