Chronology of UK Mental Health Legislation

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 BodyLegislationRemarks
Commissioners in Lunacy for IrelandLunacy (Ireland) Act 18211. Established to oversee asylums and the welfare of mentally ill people in Ireland.
Commissioners in LunacyLunacy Act 18451. 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 ScotlandLunacy (Scotland) Act 18571. Established to oversee asylums and the welfare of mentally ill people in Scotland.
Board of Control for Lunacy and Mental DeficiencyMental Deficiency Act 19131. Replaced the Commissioners in Lunacy.
General Board of Control for ScotlandMental Deficiency and Lunacy (Scotland) Act 19131. Replaced the Commissioners in Lunacy for Scotland.
Mental Health Review Tribunal (England and Wales)Mental Health Act 1983 & Mental Health Review Tribunal Rules 19831. Mental Health Review Tribunal for Wales.
Mental Health Tribunal for ScotlandMental Health (Care and Treatment) (Scotland) Act 2003
Mental Welfare Commission for ScotlandMental Health (Care and Treatment) (Scotland) Act 20031. Originally established by the Mental Health (Scotland) Act 1960.
2. A non-departmental public body (NDPB).

Other

OtherLegislationRemarks
Diminished Responsibility (in English Law)M’Naghten Rules1. Refer also to Insanity Defence.
Fixated Threat Assessment Centre (FTAC)N/A1. 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 TypeRemarks
Madhouses Act 1774UK Public General Acts1. 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 1779UK Public General Acts1. 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 1786UK Public General Acts1. The Madhouses Act 1774 was then continued indefinitely by the Madhouse Law Perpetuation Act 1786 (26 Geo. 3 c.91).

1800s

Legislation
(Title)
Legislation TypeRemarks
Criminal Lunatics Act 1800UK Public General Acts1. 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 1811UK Public General Acts1. Repealed by the Assisted Decision-Making (Capacity) Act 2015.
Madhouses (Scotland) Act 1815UK Public General Acts
Criminal Lunatics Amendment Act 1815UK Public General Acts
Irish Lunatic Asylums for the Poor Act 1817UK Public General Acts
Pauper Lunatics Act 1819UK Public General Acts
Lunacy (Ireland) Act 1821UK Public General Acts1. 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 1828UK Public General Acts1. Addressed concerns with the administration of asylums and the slow creation of county asylums within Britain.
Madhouses Act 1828UK Public General Acts1. Repealed the Madhouses Act 1774.
Chancery Lunatics Property Act 1828UK Public General Acts
Madhouses Act 1832UK Public General Acts
Criminal Lunatics (Ireland) Act 1838UK Public General Acts
Trial of Lunatics Act 18831. Repealed Section 1 of the Criminal Lunatics Act 1800 (for England and Ireland via Section 4).
County Asylums Act 1845UK Public General Acts1. Amended by the County Asylums Act 1853.
2. Repealed by the Lunacy Act 1890.
Lunacy Act 1845UK Public General Acts1. 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 18531. 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 1857UK Public General Acts
Lunacy Regulation (Ireland) Act 1871UK Public General Acts
Idiots Act 1886UK Public General Acts1. Repealed by the Mental Deficiency Act 1913.
Lunacy (Vacating of Seats) Act 1886UK Public General Acts1. Repealed by the Mental Health Act 1959.
2. The section was subsequently repealed by the Mental Health (Discrimination) Act 2013.
Lunacy Act 1890UK Public General Acts1. 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 TypeRemarks
Mental Deficiency Act 1913UK Public General Acts1. Repealed by the Mental Health Act 1959.
Mental Deficiency and Lunacy (Scotland) Act 1913UK Public General Acts
Mental Treatment Act 1930UK Public General Acts1. Repealed by the Mental Health Act 1959.
The Mental Treatment Regulations (Northern Ireland) 1932Northern Ireland Statutory Rules and Orders
The Mental Treatment (Registration of Institutions and Houses) Fees Regulations (Northern Ireland) 1932Northern Ireland Statutory Rules and Orders
The Mental Treatment Regulations (Northern Ireland) 1934Northern Ireland Statutory Rules and Orders

1948

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

1949

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

1950

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

1951

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

1954

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

1957

Legislation TitleLegislation TypeRemarks
The Mental Health (Institutions) Order (Northern Ireland) 1957Northern Ireland Statutory Rules and Orders

1958

Legislation TitleLegislation TypeRemarks
The Mental Health (Institutions) Order (Northern Ireland) 1958Northern Ireland Statutory Rules and Orders

1959

Legislation TitleLegislation TypeRemarks
Mental Health Act 1959UK Public General Acts1. 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 TitleLegislation TypeRemarks
The Mental Health Review Tribunal Rules, 1960UK Statutory Instruments
Mental Health (Scotland) Act 1960UK Public General Acts1. Established the Mental Welfare Commission for Scotland.

1961

Legislation TitleLegislation TypeRemarks
The Mental Health Act (Northern Ireland) 1961 (Commencement) Order (Northern Ireland) 1961Northern Ireland Statutory Rules and Orders

1962

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

1963

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

1964

Legislation TitleLegislation TypeRemarks
Criminal Procedure (Insanity) Act 1964 UK Public General Acts1. Refer to Trial of Lunatics Act 1883.

1965

Legislation TitleLegislation TypeRemarks
The Mental Health (Payment of Fees) (Amendment) Regulations (Northern Ireland) 1965Northern Ireland Statutory Rules and Orders

1967

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

1970

Legislation TitleLegislation TypeRemarks
The Mental Health (Payment of Fees) (Amendment) Regulations (Northern Ireland) 1970Northern Ireland Statutory Rules and Orders
The Mental Health (Payment of Fees) Regulations (Northern Ireland) 1970Northern Ireland Statutory Rules and Orders

1971

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

1973

Legislation TitleLegislation TypeRemarks
The Mental Health (Payment of Fees) (Amendment) Regulations (Northern Ireland) 1973Northern Ireland Statutory Rules and Orders
The Mental Health (Payment of Fees) Regulations (Northern Ireland) 1973Northern Ireland Statutory Rules and Orders

1974

Legislation TitleLegislation TypeRemarks
The Mental Health (Payment of Fees) (Amendment) Regulations (Northern Ireland) 1974Northern Ireland Statutory Rules

1975

Legislation TitleLegislation TypeRemarks
The Mental Health (Guardianship) (Scotland) Amendment Regulations 1975UK Statutory Instruments
The Mental Health (Amendment) Act 1975 (Commencement) Order 1975UK Statutory Instruments
The Mental Health (Hospital and Guardianship) Amendment Regulations 1975UK Statutory Instruments

1976

Legislation TitleLegislation TypeRemarks
The Mental Health Review Tribunal (Amendment) Rules 1976Northern Ireland Statutory Rules

1978

Legislation TitleLegislation TypeRemarks
The County Court (Mental Health Act) Rules (Northern Ireland) 1978Northern Ireland Statutory Rules

1979

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

1981

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

1982

Legislation TitleLegislation TypeRemarks
Mental Health (Amendment) Act 1982UK Public General Acts

1983

Legislation TitleLegislation TypeRemarks
The Mental Health (Payment of Fees) (Amendment) Regulations (Northern Ireland) 1983Northern Ireland Statutory Rules
The Mental Health (Amendment) Act 1982 (Commencement No. 1) Order 1983UK Statutory Instruments
The Mental Health (Nurses) Order 1983UK Statutory Instruments
The Mental Health Act Commission (Establishment and Constitution) Order 1983UK Statutory Instruments
The Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983UK Statutory Instruments
The Mental Health Act Commission Regulations 1983UK Statutory Instruments
The Nursing Homes and Mental Nursing Homes (Amendment) Regulations 1983UK Statutory Instruments
The Mental Health Review Tribunal Rules 1983UK Statutory Instruments
The Health Service Commissioner for England (Mental Health Act Commission) Order 1983UK Statutory Instruments
The Mental Health (Amendment) (Scotland) Act 1983 (Commencement No. 1) Order 1983UK Statutory Instruments
The Nurses, Midwives and Health Visitors (Mental Health Committee of the Welsh National Board) Order 1983UK Statutory Instruments
The Mental Health (Amendment) (Scotland) Act 1983 (Commencement No. 2) Order 1983UK Statutory Instruments
Mental Health Act 1983UK Public General Acts1. 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 TitleLegislation TypeRemarks
The Mental Health (Payment of Fees) (Amendment) Regulations (Northern Ireland) 1984Northern Ireland Statutory Rules
The Mental Health (Prescription of Class of Nurse) (Scotland) Order 1984UK Statutory Instruments
The Mental Health Act 1983 Commencement Order 1984UK Statutory Instruments
The Mental Health (Specified Treatments, Guardianship Duties etc.) (Scotland) Regulations 1984UK Statutory Instruments
The Mental Health (Prescribed Forms) (Scotland) Regulations 1984UK Statutory Instruments
The Nursing Homes and Mental Nursing Homes Regulations 1984UK Statutory Instruments
Mental Health (Scotland) Act 1984UK Public General Acts1. 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 TitleLegislation TypeRemarks
The Mental Health (Payment of Fees) (Amendment) Regulations (Northern Ireland) 1985Northern Ireland Statutory Rules
The Isles of Scilly (Mental Health) Order 1985UK Statutory Instruments

1986

Legislation TitleLegislation TypeRemarks
The Mental Health (Payment of Fees) (Amendment) Regulations (Northern Ireland) 1986Northern Ireland Statutory Rules
The Mental Health (1986 Order) (Commencement No. 1) Order (Northern Ireland) 1986Northern Ireland Statutory Rules
The Mental Health (Nurses, Guardianship, Consent to Treatment and Prescribed Forms) Regulations (Northern Ireland) 1986Northern Ireland Statutory Rules
The Mental Health Review Tribunal (Northern Ireland) Rules (Northern Ireland) 1986Northern Ireland Statutory Rules
The Mental Health (1986 Order) (Commencement No. 2) Order (Northern Ireland) 1986Northern Ireland Statutory Rules
The Mental Health (Scotland) Act 1984 (Appointed Day) Order 1986UK Statutory Instruments
The Nursing Homes and Mental Nursing Homes (Amendment) Regulations 1986UK Statutory Instruments
Act of Sederunt (Mental Health (Scotland) Act 1984) 1986UK Statutory Instruments
The Mental Health (Northern Ireland) Order 1986Northern Ireland Orders in Council1. 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 1986UK Statutory Instruments

1988

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

1990

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

1991

Legislation TitleLegislation TypeRemarks
The Bath Mental Health Care National Health Service Trust (Establishment) Order 1991UK Statutory Instruments
The North East Essex Mental Health National Health Service Trust (Establishment) Order 1991UK Statutory Instruments
The Nursing Homes and Mental Nursing Homes (Amendment) Regulations 1991UK Statutory Instruments
Mental Health (Detention) (Scotland) Act 1991UK Public General Acts1. Repealed.

1992

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

1993

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

1994

Legislation TitleLegislation TypeRemarks
The Glasgow Community and Mental Health Services National Health Service Trust (Change of Name) (Establishment) Amendment Order 1994UK Statutory Instruments
The South Birmingham Mental Health National Health Service Trust (Establishment) Order 1994UK Statutory Instruments
The Northern Birmingham Mental Health National Health Service Trust (Establishment) Order 1994UK Statutory Instruments
The East Surrey Learning Disability and Mental Health Service National Health Service Trust (Establishment) Order 1994UK Statutory Instruments
The Heathlands Mental Health National Health Service Trust (Establishment) Order 1994UK Statutory Instruments
The Mental Health (Nurses, Guardianship, Consent to Treatment and Prescribed Forms) (Amendment) Regulations (Northern Ireland) 1994Northern Ireland Statutory Rules
The North West London Mental Health National Health Service Trust (Transfer of Trust Property) Order 1994UK Statutory Instruments
The South Tees Community and Mental Health National Health Service Trust (Transfer of Trust Property) Order 1994UK Statutory Instruments
The West Dorset Mental Health National Health Service Trust Dissolution Order 1994UK Statutory Instruments
The South East London Mental Health National Health Service Trust (Change of Name and Miscellaneous Amendments) Order 1994UK Statutory Instruments
The Newcastle Mental Health National Health Service Trust Dissolution Order 1994UK Statutory Instruments
The North East Essex Mental Health National Health Service Trust (Transfer of Trust Property) Order 1994UK Statutory Instruments
The Southern Derbyshire Mental Health National Health Service Trust (Transfer of Trust Property) Order 1994UK Statutory Instruments
The Leeds Community and Mental Health Services Teaching National Health Service Trust (Transfer of Trust Property) Order 1994UK Statutory Instruments
The Shropshire’s Mental Health National Health Service Trust (Transfer of Trust Property) Order 1994UK Statutory Instruments
The Mental Health (Class of Nurse) (Scotland) Order 1994UK Statutory Instruments
The South West Durham Mental Health National Health Service Trust (Transfer of Trust Property) Order 1994UK Statutory Instruments
The South Lincolnshire Community and Mental Health Services National Health Service Trust (Transfer of Trust Property) Order 1994UK Statutory Instruments
The Bournewood Community and Mental Health National Health Service Trust (Establishment) Order 1994UK Statutory Instruments
The Black Country Mental Health National Health Service Trust (Establishment) Order 1994UK Statutory Instruments
Mental Health (Amendment) Act 1994UK Public General Acts1. Repealed.

1995

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

1996

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

1997

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

1998

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

1999

Legislation TitleLegislation TypeRemarks
Superannuation (Secretary to The Mental Health Commission) Order (Northern Ireland) 1999Northern Ireland Statutory Rules
The South Lincolnshire Community and Mental Health Services National Health Service Trust (Establishment) Amendment Order 1999UK 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 1999UK Statutory Instruments
The Bath Mental Health Care National Health Service Trust (Establishment) Amendment Order 1999UK 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 1999UK Statutory Instruments
The South Birmingham Mental Health National Health Service Trust (Establishment) Amendment Order 1999UK Statutory Instruments
The Northern Birmingham Mental Health National Health Service Trust (Establishment) Amendment Order 1999UK Statutory Instruments
The South Birmingham Mental Health National Health Service Trust (Transfers of Trust Property) Order 1999UK Statutory Instruments
The Worcestershire Community and Mental Health National Health Service Trust (Establishment) Order 1999UK Statutory Instruments
Mental Health (Public Safety and Appeals) (Scotland) Act 1999Acts of the Scottish Parliament1. 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 1999UK Public General Acts1. Repealed.

2000

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

2001

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

2002

Legislation TitleLegislation TypeRemarks
The Shropshire’s Community & Mental Health Services National Health Service Trust (Transfer of Trust Property) Order 2002UK 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 2002UK Statutory Instruments
The Manchester Mental Health and Social Care Trust (Establishment) Order 2002UK 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 2002UK 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 2002UK 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 2002UK Statutory Instruments
The Bournewood Community and Mental Health National Health Service Trust Change of Name Order 2002UK Statutory Instruments
The Worcestershire Community and Mental Health National Health Service Trust Change of Name and (Establishment) Amendment Order 2002UK Statutory Instruments
The Brent, Kensington, Chelsea and Westminster Mental Health National Health Service Trust Change of Name and (Establishment) Amendment Order 2002UK Statutory Instruments
The Camden and Islington Mental Health National Health Service Trust (Establishment) Amendment Order 2002UK Statutory Instruments
The South Essex Mental Health and Community Care National Health Service Trust Change of Name and (Establishment) Amendment Order 2002UK Statutory Instruments
The Leeds Community and Mental Health Services Teaching National Health Service Trust (Change of Name) Order 2002UK 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 2002UK Statutory Instruments

2003

Legislation TitleLegislation TypeRemarks
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Commencement No. 1) Order 2003Scottish Statutory Instruments
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Modification) Order 2003Scottish 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 2003UK Statutory Instruments
The South Birmingham Mental Health National Health Service Trust (Transfer of Trust Property) Order 2003UK Statutory Instruments
The Northern Birmingham Mental Health National Health Service Trust (Transfer of Trust Property) Order 2003UK 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 2003UK Statutory Instruments
The Black Country Mental Health National Health Service Trust (Change of Name) and (Establishment) Amendment Order 2003UK Statutory Instruments
The Mental Health (Correspondence of Patients, Patient Advocacy and Liaison Services) Regulations 2003UK Statutory Instruments
The Mental Health Review Tribunals (Regions) Order 2003UK Statutory Instruments
The Delayed Discharges (Mental Health Care) (England) Order 2003UK 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 2003UK Statutory Instruments
Mental Health (Care and Treatment) (Scotland) Act 2003Acts of the Scottish Parliament1. It largely replaces the Mental Health (Scotland) Act 1984.
2. Repealed the Mental Health (Public Safety and Appeals) (Scotland) Act 1999).

2004

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

2005

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

2006

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

2007

Legislation TitleLegislation TypeRemarks
The Mental Health (Safety and Security) (Scotland) Amendment Regulations 2007Scottish Statutory Instruments
The Mental Capacity Act 2005 (Commencement No.1) (England and Wales) Order 2007UK Statutory Instruments
The Mental Capacity Act 2005 (Loss of Capacity during Research Project) (England) Regulations 2007UK Statutory Instruments
The Mental Capacity Act 2005 (Appropriate Body) (Wales) Regulations 2007Wales Statutory Instruments
The Mental Capacity Act 2005 (Loss of Capacity during Research Project) (Wales) Regulations 2007Wales Statutory Instruments
The Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Wales) Regulations 2007Wales Statutory Instruments
Mental Capacity Act 2005 (Commencement) (Wales) Order 2007Wales Statutory Instruments
The East London and The City Mental Health National Health Service Trust (Change of Name)(Establishment) Amendment Order 2007UK Statutory Instruments
The North Cumbria Mental Health and Learning Disabilities National Health Service Trust (Change of Name) (Establishment) Amendment Order 2007UK Statutory Instruments
The Mental Capacity Act 2005 (Commencement No.2) Order 2007UK Statutory Instruments
The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007UK Statutory Instruments
The Mental Capacity Act 2005 (Transfer Of Proceedings) Order 2007UK Statutory Instruments
The Mental Health Act 2007 (Commencement No.1) Order 2007UK Statutory Instruments
The Mental Health Act 2007 (Commencement No.2) Order 2007UK Statutory Instruments
The Mental Health Act 2007 (Commencement No.3) Order 2007UK Statutory Instruments
Mental Health Act 2007UK Public General Acts1. Largely came into force in 2008.
2. The 2007 Act just amended the Mental Health Act 1983, it did not replace it.

2008

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

2009

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

2010

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

2011

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

2012

Legislation TitleLegislation TypeRemarks
The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2012Scottish Statutory Instruments
The Mental Health (Safety and Security) (Scotland) Amendment Regulations 2012Scottish Statutory Instruments
The Mental Health (1986 Order) (Commencement No. 5) Order (Northern Ireland) 2012Northern Ireland Statutory Rules
Mental Health (Private Hospitals) (Fees) Regulations (Northern Ireland) 2012Northern Ireland Statutory Rules
Mental Health (Private Hospitals) Regulations (Northern Ireland) 2012Northern Ireland Statutory Rules1. Revoked.
The Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2012UK Statutory Instruments
The Mental Health (Regional Provision) (Wales) Regulations 2012Wales Statutory Instruments
The Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) (Amendment) Regulations 2012Wales Statutory Instruments
The Mental Health (Primary Care Referrals and Eligibility to Conduct Primary Mental Health Assessments) (Wales) Regulations 2012Wales Statutory Instruments
The Mental Health (Wales) Measure 2010 (Commencement No.2) Order 2012Wales Statutory Instruments
The Mental Health (Secondary Mental Health Services) (Wales) Order 2012Wales Statutory Instruments
The Mental Health (Wales) Measure 2010 (Commencement No.3) Order 2012Wales Statutory Instruments
Mental Health (Approval Functions) Act 2012UK Public General Acts

2013

Legislation TitleLegislation TypeRemarks
Mental Health (Private Hospitals) Regulations (Northern Ireland) 2013Northern Ireland Statutory Rules
The Mental Health (Discrimination) Act 2013 (Commencement) Order 2013UK Statutory Instruments
Mental Health (Discrimination) Act 2013UK Public General Acts1. Relates to the Mental Health Act 1983 and the Juries Act 1974.

2014

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

2015

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

2016

Legislation TitleLegislation TypeRemarks
The Mental Health Review Tribunal (Amendment) Rules (Northern Ireland) 2016Northern Ireland Statutory Rules
Mental Capacity Act (Northern Ireland) 2016Acts of the Northern Ireland Assembly1. 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 TitleLegislation TypeRemarks
The Mental Health (Scotland) Act 2015 (Commencement No. 3) Order 2017Scottish Statutory Instruments
The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2017Scottish Statutory Instruments
The Mental Health (Conflict of Interest) (Scotland) Regulations 2017Scottish Statutory Instruments
The Mental Health (Patient Representation) (Prescribed Persons) (Scotland) Regulations 2017Scottish Statutory Instruments
The Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 2017Scottish Statutory Instruments
The Mental Health (Scotland) Act 2015 (Commencement No. 4 and Transitional and Savings Provisions) Order 2017Scottish Statutory Instruments
The Mental Health (Cross-border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Amendment Regulations 2017Scottish Statutory Instruments
The Mental Health (Cross-border Visits) (Scotland) Amendment Regulations 2017Scottish Statutory Instruments
The Mental Health (Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations 2017Scottish Statutory Instruments
The Mental Health (Scotland) Act 2015 (Commencement No. 5 and Transitional Provisions) Order 2017Scottish Statutory Instruments
The Mental Health Act 1983 (Places of Safety) Regulations 2017UK Statutory Instruments
The Mental Health Act 2007 (Commencement No. 12 and Transitional Provisions) Order 2017UK Statutory Instruments
The Mental Health Review Tribunal for Wales (Amendment and constitution of tribunals) Rules 2017UK Statutory Instruments

2018

Legislation TitleLegislation TypeRemarks
The West London Mental Health National Health Service Trust (Establishment) (Amendment) Order 2018UK Statutory Instruments
The Mental Health (Northern Ireland) (Amendment) Order 2018UK Statutory Instruments
Mental Health Units (Use of Force) Act 2018UK Public General Acts1. Also known as Seni’s Law.
2. Amended the 1983 Act.

2019

Legislation TitleLegislation TypeRemarks
The Mental Capacity (2016 Act) (Commencement No. 1) Order (Northern Ireland) 2019Northern Ireland Statutory Rules
The Mental Capacity (Deprivation of Liberty) Regulations (Northern Ireland) 2019Northern Ireland Statutory Rules1. Revoked.
The Mental Capacity (Deprivation of Liberty) (Amendment) Regulations (Northern Ireland) 2019Northern Ireland Statutory Rules1. Revoked.
The Mental Capacity (2016 Act) (Commencement No. 1) (Amendment) Order (Northern Ireland) 2019Northern Ireland Statutory Rules
The Mental Capacity (Deprivation of Liberty) (Revocation) Regulations (Northern Ireland) 2019Northern Ireland Statutory Rules
The Mental Capacity (Research) Regulations (Northern Ireland) 2019Northern Ireland Statutory Rules
The Mental Capacity (Deprivation of Liberty) (No. 2) Regulations (Northern Ireland) 2019Northern Ireland Statutory Rules
The Mental Capacity (Money and Valuables) Regulations (Northern Ireland) 2019Northern Ireland Statutory Rules
The Mental Capacity (Deprivation of Liberty) (No. 2) (Amendment) Regulations (Northern Ireland) 2019Northern Ireland Statutory Rules
The Mental Health Units (Use of Force) Act 2018 Commencement (No. 1) Regulations 2019UK Statutory Instruments
Mental Capacity (Amendment) Act 2019UK Public General Acts

2020

Legislation TitleLegislation TypeRemarks
The Mental Capacity (Research) (Amendment) Regulations (Northern Ireland) 2020Northern Ireland Statutory Rules
The Mental Health (Northern Ireland) (Amendment) Order 2020Northern Ireland Statutory Rules
The Mental Capacity (Deprivation of Liberty) (Amendment) Regulations (Northern Ireland) 2020Northern Ireland Statutory Rules1. Revoked.
The Mental Capacity (Deprivation of Liberty) (Amendment) (Revocation) Regulations (Northern Ireland) 2020Northern Ireland Statutory Rules
The Mental Health (1986 Order) (Amendment No. 2) Order (Northern Ireland) 2020Northern Ireland Statutory Rules
The Mental Health (Nurses, Guardianship, Consent to Treatment and Prescribed Forms) (Amendment) Regulations (Northern Ireland) 2020Northern Ireland Statutory Rules
The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2020Scottish Statutory Instruments
The Mental Capacity (2016 Act) (Commencement No.1) (Amendment) Order (Northern Ireland) 2020Northern Ireland Statutory Rules
The Dudley and Walsall Mental Health Partnership National Health Service Trust (Establishment) (Amendment) Order 2020UK Statutory Instruments
The Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2020UK 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 2020UK Statutory Instruments
The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020UK Statutory Instruments
The Coronavirus Act 2020 (Expiry of Mental Health Provisions) (England and Wales) Regulations 2020UK Statutory Instruments

2021

Legislation TitleLegislation TypeRemarks
The Mental Health (1986 Order) (Amendment) Order (Northern Ireland) 2021Northern Ireland Statutory Rules
The Mental Health (1986 Order) (Amendment No. 2) Order (Northern Ireland) 2021Northern Ireland Statutory Rules

What is the Mental Capacity Act 2005 (UK)?

Introduction

The Mental Capacity Act 2005 (c 9) is an Act of the Parliament of the United Kingdom applying to England and Wales, receiving Royal Assent on 07 April 2005.

Its primary purpose is to provide a legal framework for acting and making decisions on behalf of adults who lack the capacity to make particular decisions for themselves.

An Act to make new provision relating to persons who lack capacity; to establish a superior court of record called the Court of Protection in place of the office of the Supreme Court called by that name; to make provision in connection with the Convention on the International Protection of Adults signed at the Hague on 13 January 2000; and for connected purposes.

Refer to Mental Health Act 1983 and Mental Health Act 2007.

You can find a full chronology of mental health legislation in the UK here.

Key Features of the Act

The Five Statutory Principles

The five principles are outlined in the Section 1 of the Act. These are designed to protect people who lack capacity to make particular decisions, but also to maximise their ability to make decisions, or to participate in decision-making, as far as they are able to do so.

  1. A person must be assumed to have capacity unless it is established that he/she lacks capacity.
  2. A person is not to be treated as unable to make a decision unless all practicable steps to help him/her to do so have been taken without success.
  3. A person is not to be treated as unable to make a decision merely because he/she makes an unwise decision.
  4. An act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his/ her best interests.
  5. Before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person’s rights and freedom of action.

Summary of Other Key Elements of the Act

  • The Act makes provision for people to plan ahead for a time when they may need support. This introduces advance decisions to refuse treatment.
  • The decision (or question) under consideration must be time and decision specific.
  • The Act upholds the principle of Best Interest for the individual concerned.
  • A Court of Protection will help with difficult decisions.
    • The Office of the Public Guardian (formerly Public Guardianship Office), the administrative arm of the Court of Protection, will help the Act work.
  • An Independent Mental Capacity Advocate (IMCA) service will provide help for people who have no intimate support network.
  • S(44) of The Act makes it a criminal offence to wilfully neglect someone without capacity.
  • The Act generally applies only to those over the age of 16 years, although may apply to some younger people if it is supposed that their capacity will continue to be impaired into adulthood.

Section 68: Commencement and Extent

The following orders have been made under this section:

  • The Mental Capacity Act 2005 (Commencement No.1) Order 2006 (S.I. 2006/2814 (C. 95)).
  • The Mental Capacity Act 2005 (Commencement No.1) (Amendment) Order 2006 (S.I. 2006/3473 (C. 133)).
  • The Mental Capacity Act 2005 (Commencement No.2) Order 2007 (S.I. 2007/1897 (C. 72)).
  • The Mental Capacity Act 2005 (Commencement No.1) (England and Wales) Order 2007 (S.I. 2007/563 (C. 24)).
  • Mental Capacity Act 2005 (Commencement) (Wales) Order 2007 (S.I. 2007/856 (W. 79) (C. 34)).

Timetable of New Features

The new measures that the Act introduced included:

  • April 2007:
    • A new criminal offence of wilful neglect of a person without capacity.
    • A new Independent Mental Capacity Advocacy Service in England.
    • A Code of Practice that tells people how to ensure they are following the Act.
  • October 2007:
    • Extension of the Independent Mental Capacity Advocacy Service to Wales.
    • Lasting Powers of Attorney and deputies.
    • A new Court of Protection.
    • A new Office of the Public Guardian.

Amendments

In response to the ruling by the European Court of Human Rights in HL v UK (2004) (the ‘Bournewood’ judgment) the Act was amended by the Mental Health Act 2007 in July that year. These additions are known as the Deprivation of Liberty Safeguards (DoLS), and were implemented in April 2009. These amendments created administrative procedures to ensure the Act’s processes are observed in cases of adults who are, or may be, deprived of their liberty in care homes or hospitals, thus protecting health and social care providers from prosecution under human rights legislation.

Key elements of the DoLS are that the person must be provided with a representative and given the right to challenge the deprivation of liberty through the Court of Protection, and that there must be a mechanism for the deprivation of liberty to be reviewed and monitored regularly.

The DoLS were introduced in response to the Bournewood case, on which the European Court of Human Rights ruled in October 2004 (HL v United Kingdom) that a detention of an incapacitated patient which did not comply with Article 5 of the European Convention on Human Rights had taken place; in particular, a person who is detained must be told the reasons for the detention and must also, under Article 5(4), have the right of speedy access to a court to appeal against the detention.

Mental Capacity (Amendment) Bill 2019

The Mental Capacity Act was amended in May 2019. This act will replace DoLS with a new legal framework called Liberty Protection Safeguards (LPS). These will be used for anyone 16 or above who lacks capacity rather than 18 as previously used in DoLS. The “acid test’ from the Cheshire West case remains, there is still no statuary definition of deprivation of liberty. Target date for implementation was October 2020. It was announced by Helen Whately, Minister for Care in July 2020 that the implementation would be delayed, with full implementation expected by April 2022. Some of this delay was due to the Coronavirus disease 2019 pandemic. During this period a draft Code of practice will be produced which will go out to Public consultation.

What is the Mental Health Act 2007 (UK)?

Introduction

The Mental Health Act 2007 (c 12) is an Act of the Parliament of the United Kingdom which received Royal Assent on 19 July 2007.

It amended the Mental Health Act 1983 and the Mental Capacity Act 2005.

It applies to people in England and Wales and most of the Act was implemented on 03 November 2008.

An Act to amend the Mental Health Act 1983, the Domestic Violence, Crime and Victims Act 2004 and the Mental Capacity Act 2005 in relation to mentally disordered persons; to amend section 40 of the Mental Capacity Act 2005; and for connected purposes.

You can find a full chronology of mental health legislation in the UK here.

Background

The Act introduced significant changes which included:

  • Introduction of Supervised Community Treatment, including Community Treatment Orders (CTOs). This new power replaces supervised discharge with a power to return the patient to hospital, where the person may be forcibly medicated, if the medication regime is not being complied with in the community.
  • Redefining professional roles: broadening the range of mental health professionals who can be responsible for the treatment of patients without their consent.
  • Creating the role of approved clinician, which is a registered healthcare professional (social worker, nurse, psychologist or occupational therapist) approved by the appropriate authority to act for purposes of the Mental Health Act 1983 (as amended).
  • Replacing the role of approved social worker by the role of approved mental health professional; the person fulfilling this role need not be a social worker.
  • Nearest relative: making it possible for some patients to appoint a civil partner as nearest relative.
  • Definition of mental disorder: introduce a new definition of mental disorder throughout the Act, abolishing previous categories
  • Criteria for Involuntary commitment: introduce a requirement that someone cannot be detained for treatment unless appropriate treatment is available and remove the treatability test.
  • Mental Health Review Tribunal (MHRT): improve patient safeguards by taking an order-making power which will allow the current time limit to be varied and for automatic referral by hospital managers to the MHRT.
  • Introduction of independent mental health advocates (IMHAs) for ‘qualifying patients’.
  • Electroconvulsive Therapy may not be given to a patient who has capacity to refuse consent to it, and may only be given to an incapacitated patient where it does not conflict with any advance directive, decision of a donee or deputy or decision of the Court of Protection.

Controversy

During the Act’s development, there were concerns expressed that the changes proposed by the Mental Health Bill were draconian. As a result, the government was forced in 2006 to abandon their original plans to introduce the Bill outright and had to amend the 1983 Act instead. Despite this concession, the Bill was still defeated a number of times in the House of Lords prior to its receiving Royal Assent.

As of 2010, the Green Party supported a reform of the Mental Health Act in order to remove transgender people from the Psychiatric Disorder Register, which they view as discriminatory.

What is the Mental Health Act 1983 (UK)?

Introduction

The Mental Health Act 1983 (c.20) is an Act of the Parliament of the United Kingdom.

An Act to consolidate the law relating to mentally disordered people.

It covers the reception, care and treatment of mentally disordered people, the management of their property and other related matters, forming part of the mental health law for the people in England and Wales (full); and Northern Ireland and Scotland (parts of the Act).

In particular, it provides the legislation by which people diagnosed with a mental disorder can be detained in hospital or police custody and have their disorder assessed or treated against their wishes, informally known as “sectioning”. Its use is reviewed and regulated by the Care Quality Commission.

The Act was significantly amended by the Mental Health Act 2007; also refer to Mental Capacity Act 2005.

A white paper proposing changes to the act was published on 06 April 2021 following an independent review of the act by Simon Wessely (in 2019).

You can find a full chronology of mental health legislation in the UK here.

Brief History

The Madhouses Act 1774 created a Commission of the Royal College of Physicians with powers to grant licences to premises housing “lunatics” in London; Justices of the Peace were given these powers elsewhere in England and Wales. Failure to gain a licence resulted in a hefty fine. Admission to a “madhouse” required certification signed by a doctor, and lists of detained residents became available for public inspection. This Act was later considered ineffectual and was repealed by the Madhouses Act 1828, itself repealed shortly afterwards by the Madhouses Act 1832. These Acts altered the composition of the Commission in several ways, such as including barristers in addition to doctors.

The Lunacy Act 1845 and the County Asylums Act 1845 together gave mental hospitals or “asylums” the authority to detain “lunatics, idiots and persons of unsound mind”. Each county was compelled to provide an asylum for “pauper lunatics”, who were removed from workhouses into the aforementioned asylums. The Lunacy Commission was established to monitor asylums, their admissions, treatments and discharges.

Both these acts were repealed by the Lunacy Act 1890. This introduced “reception orders”, authorising detention in asylums. These orders had to be made by a specialised Justice of the Peace and lasted one year. Thereafter, detention could be renewed at regular intervals by submission of a medical report to the Lunacy Commission. The Mental Deficiency Act 1913 renamed the Lunacy Commission the “Board of Control” and increased the scope of its powers. The functions of the Board of Control were subsequently altered by the Mental Treatment Act 1930 and the National Health Service Act 1946.

The Lunacy Act 1890 was repealed following World War II by the Mental Health Act 1959. This Act abolished the Board of Control, and aimed to provide informal treatment for the majority of people suffering from mental disorders, whilst providing a legal framework such that such people could, if necessary, be detained in hospital against their will. It also aimed to make local councils responsible for the care of mentally disordered people who did not require hospital admission.

However, like its predecessors, the 1959 Act did not provide clarity as to whether a legal order to detain a mentally disordered person in hospital also empowered the hospital to impose medical treatment against the person’s wishes.[8] It had become clear by the 1970s that a specific legal framework for medical treatments such as psychiatric medications, electroconvulsive therapy and psychosurgery was needed in order to balance the rights of detained persons with society as a whole.

The Mental Health Act 1983 was formally approved by the monarch on 09 May 1983 and came into effect on 30 September that year. It has been amended many times: notably in 1995, 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), 2007 and 2017 via the Policing and Crime Act 2017.

Overview

The Act is divided into ten “parts”:

  1. Application of the Act.
  2. Compulsory admission to hospital and guardianship.
  3. Patients concerned in criminal proceedings or under sentence.
  4. Consent to treatment.
  5. Mental Health Review Tribunal.
  6. Removal and return of patients within the United Kingdom.
  7. Management of property and affairs of patients.
  8. Miscellaneous functions of Local Authorities and the Secretary of State.
  9. Offences.
  10. Miscellaneous and supplementary.

Each of these ten parts are divided into “sections”, which are numbered continuously throughout the Act. In total, there are 149 sections in the Act.

Analysis

Definition of Mental Disorder

The term “mental disorder” is very loosely defined under the Act, in contrast to legislation in other countries such as Australia and Canada. Under the Act, mental disorder is defined as “any disorder or disability of mind”. The concept of mental disorder as defined by the Act does not necessarily correspond to medical categories of mental disorder such as those outlined in ICD-10 or DSM-IV. However, mental disorder is thought by most psychiatrists to cover schizophrenia, anorexia nervosa, major depression, bipolar disorder and other similar illnesses, learning disability and personality disorders.

Professionals and Persons Involved

Subjects

Most people are subject to the Act, and section 141 even makes provision for members of the House of Commons, until it was repealed by the Mental Health (Discrimination) Act 2013. In 1983-1984, the House of Lords Committee for Privileges accepted the advice of the law lords that the statute would prevail against any privilege of Parliament or of peerage.

Approved Mental Health Professionals

An Approved Mental Health Professional (AMHP) is defined in the Act as a practitioner who has extensive knowledge and experience of working with people with mental disorders. Until the 2007 amendments, this role was restricted to social workers, but other professionals such as nurses, clinical psychologists and occupational therapists are now permitted to perform this role. AMHPs receive specialised training in mental disorder and the application of mental health law, particularly the Mental Health Act. Training involves both academic work and apprenticeship and lasts one year. The AMHP has a key role in the organisation and application of Mental Health Act assessments and provides a valuable non-medical perspective in ensuring legal process and accountability.

Section 12 Approved Doctors

A section 12 approved doctor is a medically qualified doctor who has been recognised under section 12(2) of the Act. They have specific expertise in mental disorder and have additionally received training in the application of the Act. They are usually psychiatrists, although some are general practitioners (GPs) who have a special interest in psychiatry.

Approved Clinicians and Responsible Clinicians

An Approved Clinician (AC) is a healthcare professional who is competent to become responsible for the treatment of mentally disordered people compulsorily detained under the Act. A clinician must complete special training and demonstrate competence in their professional portfolio in order to be approved as an AC. Until the 2007 amendments, they would almost exclusively have been a consultant psychiatrist, but other professionals, such as social workers, clinical psychologists and nurse specialists, are being encouraged to take on the role. Once an AC takes over the care of a specific patient, they are known as the Responsible Clinician (RC) for that patient.

Nearest Relatives

A Nearest Relative is a relative of a mentally disordered person. There is a strict hierarchy of types of relationship that needs to be followed in order to determine a particular person’s Nearest Relative: husband, wife, or civil partner; son or daughter; father or mother; brother or sister; grandparent; grandchild; uncle or aunt; nephew or niece; lastly, an unrelated person who resides with the mentally disordered person. Thus a person’s Nearest Relative under the Act is not necessarily their “next of kin”.

A mentally disordered person is not usually able to choose their Nearest Relative but under some circumstances they can apply to a County Court to have a Nearest Relative replaced. In practice, such applications are more commonly made by Social Services Departments. The Nearest Relative has the power to discharge the mentally disordered person from some sections of the Act.

Hospital Managers

Hospital Managers represent the management of the NHS Trust or independent hospital and have the responsibility for a detained patient. On their behalf, the non-executive members of the board of the relevant National Health Service Trust and appointed lay ‘Associate Managers’ may hear appeals from patients against their detention, Community Treatment Order and upon those detentions being renewed and extended. Cases are heard in similar settings to those heard by the First-Tier Tribunal (Mental Health) outlined below.

First-Tier Tribunal (Mental Health)

Mental Health Review Tribunals (MHRTs) hear appeals against detention under the Act. Their members are appointed by the Lord Chancellor and include a doctor, a lawyer and a lay person (i.e. neither a doctor nor a lawyer). Detained persons have the right to be represented at MHRTs by a solicitor. Discharge from hospital as a result of an MHRT hearing is the exception to the rule, occurring in around 5% of cases, when the Tribunal judges that the conditions for detention are not met.

Civil Sections

Part II of the Act applies to any mentally disordered person who is not subject to the Criminal Justice System. The vast majority of people detained in psychiatric hospitals in England and Wales are detained under one of the civil sections of the Act.

These sections are implemented following an assessment of the person suspected to be suffering from a mental disorder. These assessments can be performed by various professional groups, depending upon the particular section of the Act being considered. These professional groups include AMHPs, Section 12 approved doctors, other doctors, registered mental health nurses (RMNs) and police officers.

Assessment Orders

Section 2 is an assessment order and lasts up to 28 days; it cannot be renewed. It can be instituted following an assessment under the Act by two doctors and an AMHP. At least one of these doctors must be a Section 12 approved doctor. The other must either have had previous acquaintance with the person under assessment, or also be a Section 12 approved doctor. This latter rule can be broken in an emergency where the person is not known to any available doctors and two Section 12 approved doctors cannot be found. In any case, the two doctors must not be employed in the same service, to ensure independence (this ‘rule’ was removed in the 2007 MHA amendment). Commonly, in order to satisfy this requirement, a psychiatrist will perform a joint assessment with a general practitioner (GP). A Mental Health Act assessment can take place anywhere, but commonly occurs in a hospital, at a police station, or in a person’s home.

If the two doctors agree that the person is suffering from a mental disorder, and that this is of a nature or to a degree that, despite his refusal to go to hospital, he ought to be detained in hospital in the interest of his own health, his safety, or for the protection of others, they complete a medical recommendation form and give this to the AMHP. If the AMHP agrees that there is no viable alternative to detaining the person in hospital, they will complete an application form requesting that the hospital managers detain the person. They will then be transported to hospital and the period of assessment begins. Treatment, such as medication, can be given against the person’s wishes under Section 2 assessment orders, as observation of response to treatment constitutes part of the assessment process.

Treatment Orders

Section 3 is a treatment order and can initially last up to six months; if renewed, the next order lasts up to six months and each subsequent order lasts up to one year. It is instituted in the same manner as Section 2, following an assessment by two doctors and an AMHP. One major difference, however, is that for Section 3 treatment orders, the doctors must be clear about the diagnosis and proposed treatment plan, and be confident that “appropriate medical treatment” is available for the patient. The definition of “appropriate medical treatment” is wide and may constitute basic nursing care alone.

Most treatments for mental disorder can be given under Section 3 treatment orders, including injections of psychotropic medication such as antipsychotics. However, after three months of detention, either the person has to consent to their treatment or an independent doctor has to give a second opinion to confirm that the treatment being given remains in the person’s best interests. A similar safeguard is used for electroconvulsive therapy (ECT), although the RC can authorise two ECT treatments in the event of an emergency for people detained under Section 3 treatment orders. ECT may not be given to a refusing patient who has the capacity to refuse it, and may only be given to an incapacitated patient where it does not conflict with any advance directive, decision of a donor or deputy, or decision of the Court of Protection.

Leave and Discharge

Absence or “leave” from hospital can be granted by the RC for a patient detained under either a Section 2 assessment order or Section 3 treatment order, and the RC will ultimately be responsible for discharging a patient under such an order. Following discharge from a Section 3 treatment order, the person remains subject to the after-care provisions of Section 117 indefinitely. These provisions include a formal discharge planning meeting, and provision of personal care if necessary.

Emergency Orders

Section 4 is an emergency order that lasts up to 72 hours. It is implemented by just one doctor and an AMHP, in an emergency in which there is not time to summon a second suitable doctor in order to implement a Section 2 assessment order or Section 3 treatment order. Once in hospital, a further medical recommendation from a second doctor would convert the order from a Section 4 emergency order to a Section 2 assessment order. Section 4 emergency orders are not commonly used.

Holding Powers

Section 5(2) is a doctor’s holding power. It can only be used to detain in hospital a person who has consented to admission on an informal basis (i.e. not detained under the Act) but then changed their mind and wishes to leave. It can be implemented following a (usually brief) assessment by the RC or his deputy, which, in effect, means any hospital doctor, including psychiatrists but also those based on medical or surgical wards. It lasts up to 72 hours, during which time a further assessment may result in either discharge from the section or detention under section 2 for assessment or section 3 for treatment.

Section 5(4) is a nurse’s holding power. It can be applied to the same group of patients as those that may be detained under section 5(2) as outlined above. It is implemented by a first or second level Mental Health or Learning Disability Nurse. Section 5(4) lasts up to 6 hours and ends at the time the patient is seen by the doctor assessing the patient under Section 5(2), irrespective of the outcome of the doctor’s assessment. Time spent by a patient under section 5(4) is included in the 72 hours of any subsequent Section 5(2).

The Care Quality Commission consider it to be extremely poor practice to allow a section 5(2) to simply “lapse”. There is a clear duty on the part of the patient’s RC to make a decision as to whether any further action, such as detention under section 2 for assessment or detention under section 3 for treatment should be implemented, or whether the patient should be regraded to “informal” legal status.

Magistrates’ and Police Officers’ Orders

Section 135 is a magistrates’ order. It can be applied for by an AMHP in the best interests of a person who is thought to be mentally disordered, but who is refusing to allow mental health professionals into their residence for the purposes of a Mental Health Act assessment. Section 135 magistrates’ orders give police officers the right to enter the property and to take the person to a “place of safety”, which is locally defined and usually either a police station or a psychiatric hospital ward.

Section 136 is a similar order that allows a police officer to take a person whom they consider to be mentally disordered to a “place of safety” as defined above. This only applies to a person found in a public place. Once a person subject to a Section 135 magistrates’ order or Section 136 police officers’ order is at a place of safety, they are further assessed and, in some cases, a Section 2 assessment order or Section 3 treatment order implemented.

Criminal Sections

Part III and other various criminal sections of the Act apply to sentenced prisoners and persons subject to proceedings of the criminal justice System. Although they are invariably implemented by a court, often upon the recommendations of one or more psychiatrists, some of these sections largely mirror the civil sections of the Act.

Pre-trial Orders

Section 35 and Section 36 are similar in their powers to Section 2 assessment orders and Section 3 treatment orders respectively, but are used for persons awaiting trial for a serious crime and provide courts with an alternative to remanding a mentally disordered person in prison. The order for Section 35 can be made by a Crown Court or Magistrates’ Court, whilst Section 36 can be enacted only by a Crown Court. Courts can enact either of these sections on the medical recommendation of one Section 12 approved doctor. Both these sections are rarely used in practice.

Post-Trial Orders

Section 37 is a treatment order, similar in many regards to the civil treatment order under Section 3, and is fairly frequently used. It is applied to persons recently convicted of a serious crime, which is punishable by imprisonment. Thus it represents an alternative to a mentally disordered person being punished by imprisonment or otherwise. It is enacted by a Crown Court or Magistrates’ Court on the recommendation of two approved doctors. However, the court is able to exercise discretion in this regard and can impose a prison sentence despite medical recommendations for Section 37.

A person detained under Section 37 can appeal to the Mental Health Review Tribunal after a period of six months; if he or she is no longer suffering from symptoms of mental disorder, the person can be discharged by the Tribunal, even if there is a strong possibility that the person might relapse and re-offend. Furthermore, a person on Section 37 alone, who may have been convicted of a serious violent crime, can be discharged in the community at any time by his or her Responsible Clinician (RC).

For these reasons, people who either are deemed by the court to pose a particularly high risk to other people if released, have a pronounced history of dangerous behaviour, or have committed a particularly serious offence, usually have Section 41 used in conjunction with Section 37. Section 41 imposes “restrictions” upon the terms of Section 37. In summary, this means that the Home Office and, ultimately, the Home Secretary, rather than the RC, decides when the person can leave hospital, either temporarily (“leave”) or permanently (“discharge”). Indeed, most people are ultimately given a “conditional discharge”, which sets a statutory framework for psychiatric follow-up in the community upon release and provides for recall into hospital if, for instance, a person disengages from mental health services.

Only a Crown Court can impose Section 41, but a judge can do so without a doctor’s recommendation. Although persons on Section 41 can appeal against their detention to the Mental Health Review Tribunal, their cases are heard by a Special Tribunal, chaired by a High Court judge. Since the 2007 amendments have been implemented, Section 41 is universally imposed without limit of time.

Section 38 is an interim order, used in similar circumstances to Section 37, when it is likely, but not wholly clear, that a Section 37 will be appropriate.

Transfer Orders

It is noteworthy that the Act only provides for enforced treatment of mental disorder in a hospital. As a prison is not defined as a “hospital” by the Act, no prisoner can be treated against his or her wishes under the Act in prison, even in a prison healthcare wing. Instead, Sections 47 and 48 provide for prisoners to be transferred to a hospital for treatment of a mental disorder. Section 47 applies to sentenced prisoners, whilst Section 48 applies to those on remand and those convicted but awaiting sentence; it provides for temporary treatment out of prison. Section 48 can be used only for prisoners in need of urgent treatment for mental illness or severe mental impairment, whilst Section 47 can be used to treat any category of mental disorder. The Home Office is required to approve applications for these sections and decides what level of security in hospital is necessary for a particular prisoner.

Section 49 provides for “restrictions” to Section 47, in the same way that Section 41 provides for “restrictions” to Section 37.

Physical Illness

The Act provides the legal framework for the assessment and treatment of mental disorders. It does not provide for the assessment or treatment of physical illnesses. There has been substantial case law to confirm this interpretation. Thus, a person who has a mental illness as well as an unrelated physical illness for which he is refusing treatment, cannot be treated for his physical illness against his wishes under the Act. In such cases, however, it might be deemed that the person lacks the mental capacity to consent to treatment of the physical illness, in which case treatment could be given, in the person’s best interests, under the Mental Capacity Act 2005.

However, if the physical illness is causing the mental disorder, or if the physical illness is a direct consequence of the mental disorder, treatment of the physical illness is permitted under the Act.

A common example of this is a person who has a short-lived confused state as a result of a physical illness such as an infection or a heart attack, but who is refusing assessment or treatment of the underlying condition. It is legal to treat such a physical illness under Section 2 of the Mental Health Act, on the grounds that treatment of the physical illness will alleviate symptoms of the mental disorder. However, this is rarely carried out in practice, given that the mental disorder is likely to be extremely transitory and emergency treatment is often necessary. It is more usual for physical illnesses to be treated under the Mental Capacity Act 2005 where appropriate in these circumstances.

On the other hand, enforced re-feeding of severely emaciated people with anorexia nervosa is more likely to take place under the Act, because treatment is likely to be prolonged and is rarely an emergency. Treatment is allowed because anorexia nervosa is classed as a mental disorder, whilst re-feeding is seen to constitute the first stage in treatment for severe cases of that mental disorder.

Lastly, treatment of an attempted suicide, which has been made as a direct result of a mental disorder, can be given under the Act. Again, in practice, this is unusual, as the emergency nature of the situation and the brief timeframe of treatment required usually dictate that treatment is given under the Mental Capacity Act instead.

Community Care and Treatment

The main thrust of the Act provides the power to detain a person in hospital to treat their mental disorder. There is currently no provision allowing compulsory treatment of mentally disordered people in the community. Indeed, the Act was drafted at a time when mental health care was focused on institutions rather than Care in the Community. Since the 1980s, there has been a huge shift in emphasis of mental health care away from inpatient treatment.

Under Sections 7 and 8 of the Act, “guardianship” allows for a mentally disordered person to be required to reside at a specific address, to attend a specific clinic on a regular basis for medical treatment, or to attend various other stipulated venues such as workplaces or educational establishments. However, there is no power to actually enforce the person to comply with these requirements. Indeed, although guardianship can require a person to attend a clinic for treatment, there is no requirement for the person to accept that treatment.

Supervised Community Treatment orders, a form of outpatient commitment, provider the power to return a patient to hospital if a specified treatment regime is not being complied with in the community under Section 17A of the Act. However, treatment cannot be enforced in the community. These orders are applied to the person at the time of his/her discharge from Section 3, and replace “supervised discharge” arrangements under Section 20A which were used until the 2007 amendments came into force. 2018 amendments also strictly limit the use of force while restraining a patient.

Criticisms

There have been concerns amongst mental health professionals that the 2007 amendments have been based more upon tabloid stories on the danger presented by mentally disordered people, especially people with personality disorder such as Michael Stone, than on the practical shortcomings of the unamended Act. Critics asserted that it would mean mental health professionals being “suborned as agents of social control”. Supporters of more restrictive legislation insisted that dangerous people must be detained in hospital by doctors in their own interests and for public protection, regardless of whether they can be treated.

In 2010, detentions under the law were further criticized following the death of mental patient Seni Lewis after being restrained at a mental hospital ward by 11 officers. The Mental Health Units (Use of Force) Act 2018, also known as Seni’s Law, received royal assent in January 2018 after being passed by Parliament and amended the Mental Health Act 1983. requires that mental hospitals provide officer training which create alternatives to the use of force while restraining patients and do better collection of data. The officers must also wear body cameras as well.

Repeals and Extent

This Act did not repeal any other Acts in totality. Schedule 6 lists 28 other Acts which had individual sections repealed. These include the Mental Health Act 1959, the majority of which was repealed by this Act.

  • England and Wales:
    • The entire Act applies to England and Wales.
  • Northern Ireland:
    • Only the parts of the Act defined in s.147 have effect in Northern Ireland.
    • The care of mentally disordered people in Northern Ireland is covered by the Mental Health (Northern Ireland) Order 1986, as amended by the Mental Health (Amendment) (Northern Ireland) Order 2004.
  • Scotland:
    • Only the parts of the Act defined in s.146 have effect in Scotland.
    • The care of mentally disordered people in Scotland is covered by the Mental Health (Care and Treatment) (Scotland) Act 2003.