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Mental Health Act 2025

Sections85Effects1

Statutes amended

1 affected Act; 10 amendments in total. Each block shows the target Act's text with this Act's changes applied.

Mental Health Act 1983

10 amendments · open Act

  1. Section 2(2)2 changes

    2 Admission for assessment

    subsection (1) unchanged

    2 An application for admission for assessment may be made in respect of a patient on the grounds that—
    a he is suffering from mental disorder of a nature or degree which warrants the detention of the patient in a hospital for assessment (or for assessment followed by medical treatment) for at least a limited period; and
    b he ought to be so detained in the interests of his own health or safety or with a view to the protection of other persons.serious harm may be caused to the health or safety of the patient or of another person unless the patient is so detained; and
    c given the nature, degree and likelihood of the harm, the patient ought to be so detained.

    subsections (3) – (4) unchanged

  2. Section 3(2)1 change, 2 insertions

    3 Admission for treatment

    subsection (1) unchanged

    2 An application for admission for treatment may be made in respect of a patient on the grounds that—
    a he is suffering from mental disorder of a nature or degree which makes it appropriate for him to receive medical treatment in a hospital; and
    b serious harm may be caused to the health or safety of the patient or of another person unless the patient receives medical treatment,
    c it is necessary for the health or safety of the patient or for the protection of other persons that he should receive such treatment and it cannot be provided unless he is detained under this section; andit is necessary, given the nature, degree and likelihood of the harm, for the patient to receive medical treatment,
    d appropriate medical treatment is available for him.the necessary treatment cannot be provided unless the patient is detained under this section, and
    e appropriate medical treatment is available for the patient.

    subsection (3) updated to refer to paragraphs (b) to (e); subsection (4) unchanged

  3. Section 17B(2)1 deletion

    17B Conditions of community treatment orders

    subsection (1) unchanged

    2 A community treatment order shall specify conditions to which the patient is to be subject while the order remains in force; but conditions may only be specified if the responsible clinician, with the agreement of the approved mental health professional, thinks them necessary or appropriate for one or more of the following purposes—

    subsections (3) – (7) unchanged

  4. Section 256 changes

    25 Restrictions on discharge by nearest relativenominated person

    1 An order for the discharge of a patient who is liable to be detained in a hospital shall not be made by his nearest relativenominated person except after giving not less than 72 hours’ notice in writing to the managers of the hospital; and if, within 72 hours after such notice has been given, the responsible clinician furnishes to the managers a report certifying that in the opinion of that clinician the patient, if discharged, would be likely to act in a manner dangerous to other persons or to himself—
    a any order for the discharge of the patient made by that relativenominated person in pursuance of the notice shall be of no effect; and
    b no further order for the discharge of the patient shall be made by that relativenominated person during the period of six monthsthree months beginning with the date of the report.
    2 In any case where a report under subsection (1) above is furnished in respect of a patient who is liable to be detained in pursuance of an application for admission for treatment, the managers shall cause the patient’s nearest relativenominated person to be informed.
  5. Section 504 changes

    In the following sections, for “effective” substitute “appropriate medical”

    50(1) Prisoners under sentence: where it appears that no effectiveappropriate medical treatment can be given.
    51(3)(b), (4)(b) Detained persons: where no effectiveappropriate medical treatment can be given.
    52(5)(b) Persons remanded by magistrates’ courts: where no effectiveappropriate medical treatment can be given.
    53(2)(b) Civil prisoners and persons detained under the Immigration Acts: where no effectiveappropriate medical treatment can be given.
  6. Section 583 changes

    58 Treatment requiring consent or a second opinion

    1 This section applies to the following forms of medical treatment for mental disorder—

    paragraph (a) unchanged

    b the administration of medicine to a patient by any means at any time during a period of threetwo months or more from the time when medicine was first administered.

    subsection (2) unchanged

    3 Subject to section 62 below, a patient shall not be given any form of treatment to which this section applies unless—
    a he has consented to that treatment and either the approved clinician in charge of it or a second opinion appointed doctor has certified in writing that the patient has capacity to consent to it, that the treatment constitutes appropriate medical treatment and has consented to it; or

    paragraph (b) unchanged

    4 Before giving a certificate under subsection (3)(b) above the registered medical practitioner concerned(3) the person giving the certificate shall consult two other persons who have been professionally concerned with the patient’s medical treatment.
  7. Section 66(2)3 changes

    66 Applications to tribunals

    subsection (1) unchanged

    2 In each case the application may be made within the period or periods specified in the following table—
    a in case (a), 14 days21 days beginning with the day on which the patient is admitted;
    b in case (b), six monthsthree months beginning with the day on which the patient is admitted;

    paragraphs (c) – (d) unchanged

    e in case (e), six monthsthree months beginning with the day on which the community treatment order is made.
  8. Section 72(4)3 changes

    72(4) Powers of tribunals: guardianship cases

    Where application is made to a tribunal under this Act by or in respect of a patient who is subject to guardianship under this Act, the tribunal may in any case direct that the patient be discharged, and shall so direct if it is not satisfied—
    a that he is not then suffering from mental disorder; or
    b that it is not necessary in the interests of the welfare of the patient, or for the protection of other persons, that the patient should remain under such guardianship.
  9. Section 118(2B)1 change

    118 Code of practice

    subsections (1) – (2A) unchanged

    2B In preparing the statement of principles the Secretary of State shall, in particular, ensure that each of the following matters is addressed— (a) respect for patients' past and present wishes and feelings, (b) respect for diversity generally including, in particular, diversity of religion, culture and sexual orientation (within the meaning of section 35 of the Equality Act 2006), (c) minimising restrictions on liberty, (d) involvement of patients in planning, developing and delivering care and treatment appropriate to them, (e) avoidance of unlawful discrimination, (f) effectiveness of treatment, (g) views of carers and other interested parties, (h) patient wellbeing and safety, and (i) public safety.The statement of principles must, in particular, include the principles, and address the matters, specified in the table.
    PrincipleMatters to be addressed
    Choice and autonomyinvolvement of patients in decision-making, and consideration of the views of carers and other interested parties
    Least restrictionminimising restrictions on liberty so far as consistent with patient wellbeing and safety and public safety
    Therapeutic benefiteffectiveness and appropriateness of treatment
    The person as an individualtreating patients with dignity and respect and considering their attributes and past experiences

    subsections (2C) – (5) unchanged

  10. Schedule 11 change

    Schedule 1, Part 1, paragraph 9(b)

    In paragraph 9(b), for the words from “and (g)” to “, (g)”, substitute “, (d) and (g)”.