Legislation – Mental Health Act 2025

SCHEDULES

Schedule 1 Application of the 1983 Act to autism and learning disability: amendments and transitory provision

Schedule 2 Nominated persons

Schedule 3 Independent mental health advocates

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Schedules

Schedule 1Application of the 1983 Act to autism and learning disability: amendments and transitory provision

Section 3(4)

Amendments of Part 2 of the Mental Health Act 1983

1

Part 2 of the Mental Health Act 1983 (compulsory admission to hospital and guardianship) is amended as follows.

2

In section 3 (admission for treatment), in subsection (2), for paragraph (a) substitute—

“(a)

the patient is suffering from psychiatric disorder of a nature or degree which makes it appropriate for the patient to receive medical treatment in a hospital,”.

3

In section 7 (application for guardianship), in subsection (2), for paragraph (a) substitute—

“(a)

the patient is suffering from—

(i)

psychiatric disorder,

(ii)

autism, or

(iii)

learning disability which has serious behavioural consequences,

of a nature or degree which warrants the patient’s reception into guardianship under this section, and”.

4 (1)

Section 17A (community treatment orders) is amended as follows.

(2)

In subsection (5), for paragraph (a) substitute—

“(a)

the patient is suffering from psychiatric disorder of a nature or degree which makes it appropriate for the patient to receive medical treatment,”.

(3)

In subsection (6), for “mental”, in both places it occurs, substitute “psychiatric”.

5

In section 17E (power to recall community patient to hospital), in subsection (1)(a), for “mental” substitute “psychiatric”.

6 (1)

Section 20 (renewal of authority in relation to admission for treatment and guardianship) is amended as follows.

(2)

In subsection (4) (admission for treatment), for paragraph (a) substitute—

“(a)

the patient is suffering from psychiatric disorder of a nature or degree which makes it appropriate for the patient to receive medical treatment in a hospital,”.

(3)

In subsection (7) (guardianship), for paragraph (a) substitute—

“(a)

the patient is suffering from—

(i)

psychiatric disorder,

(ii)

autism, or

(iii)

learning disability which has serious behavioural consequences,

of a nature or degree which warrants the patient’s reception into guardianship, and”.

Amendments of Part 3 of the Mental Health Act 1983

7

Part 3 of the Mental Health Act 1983 (patients concerned in criminal proceedings or under sentence) is amended as follows.

8

Before the italic heading before section 35 insert—

“Application of Part 3: “relevant disorder”

34AApplication of Part 3: “relevant disorder”

In this Part “relevant disorder” means—

(a)

psychiatric disorder,

(b)

autism, or

(c)

learning disability which has serious behavioural consequences.”

9

In the following places, for “mental” substitute “relevant”—

section 35(3)(a) (remand to hospital for report);
section 36(1)(a) (remand to hospital for treatment);
section 37(2)(a) (orders for hospital admission or guardianship), in each place it occurs;
section 38(1)(a) and (b) (interim hospital orders);
section 45A(2)(a) and (b) (conditions on hospital admission);
section 47(1)(a) and (b) (removal to hospital of prisoners under sentence, etc);
section 48(1)(a) (removal to hospital of other prisoners);
section 50(1) (sentenced prisoners: power to remit or release);
section 51(3)(a), (4)(a) and (6)(a) (detainees: powers to remit or release);
section 52(5)(a) (accused persons: magistrates’ court’s power);
section 53(2)(a) (civil prisoners and immigration detainees).

10

In section 55 (interpretation)—

(a)

in subsection (1), at the appropriate place insert—

““relevant disorder” has the meaning given by section 34A;”;

(b)

in subsection (4), after “69(1)” insert “or 72(1ZA)”.

11 (1)

In Schedule 1 (application of certain provisions to patients subject to hospital and guardianship orders), Part 1 (patients not subject to special restrictions) is amended as follows.

(2)

In paragraph 1—

(a)

for “to 17C, 17E, 17F,” substitute “, 17B, 17C,”;

(b)

omit “20A,”.

(3)

In paragraph 2—

(a)

for “17D, 17G,” substitute “17A, 17D to 17G,”;

(b)

for “2A” substitute “2ZA”;

(c)

omit “20,”.

(4)

After paragraph 2 insert—

“2ZA

In section 17A—

(a)

in subsection (5)(a), for “psychiatric disorder” there is to be substituted “relevant disorder (within the meaning given by section 34A)”;

(b)

in subsection (6), for “psychiatric disorder”, in both places it occurs, there is to be substituted “relevant disorder (within the meaning given by section 34A)”.

2ZB

In section 17E, in subsection (1)(a), for “psychiatric disorder” there is to be substituted “relevant disorder (within the meaning given by section 34A)”.”

(5)

After paragraph 2A insert—

“2AA

In section 17F, after subsection (4) there is to be inserted—

“(4A)

Section 3(2) as it applies for the purposes of subsection (4)(a) is to be read as if the reference to psychiatric disorder were a reference to relevant disorder (within the meaning given by section 34A).”

(6)

In paragraph 5B (as inserted by section 29 of this Act), after sub-paragraph (2) insert—

“(3)

In section 20(4)(a), for “psychiatric disorder” there is to be substituted “relevant disorder (within the meaning given by section 34A)”.”

(7)

In paragraph 5C (as inserted by section 29 of this Act), after sub-paragraph (3) insert—

“(4)

In section 20(4)(a), for “psychiatric disorder” there is to be substituted “relevant disorder (within the meaning given by section 34A)”.”

(8)

In paragraph 5D (as inserted by section 29 of this Act), after sub-paragraph (2) insert—

“(3)

In section 20(4)(a), for “psychiatric disorder” there is to be substituted “relevant disorder (within the meaning given by section 34A)”.”

(9)

In paragraph 6 (as substituted by section 29 of this Act), after sub-paragraph (3) insert—

“(4)

In section 20(4)(a), for “psychiatric disorder” there is to be substituted “relevant disorder (within the meaning given by section 34A)”.”

(10)

After paragraph 6 insert—

“6ZA

In section 20A, after subsection (10) there is to be inserted—

“(11)

Section 17A(5) as it applies for the purposes of subsection (4)(b) is to be read as if the reference to psychiatric disorder were a reference to relevant disorder (within the meaning given by section 34A).”

Amendments of Part 4 of the Mental Health Act 1983

12

Part 4 of the Mental Health Act 1983 (consent to treatment) is amended as follows.

13

In section 56 (patients to whom Part 4 applies)—

(a)

for the heading substitute “Application of Part 4: patients and disorders”;

(b)

after subsection (5) insert—

“(6)

In this Part “relevant disorder”—

(a)

in relation to—

(i)

a patient falling within subsection (3) where the patient is liable to be detained by virtue of section 3,

(ii)

a patient falling within subsection (3), where the patient is liable to be detained by virtue of section 20(4), otherwise than as that provision applies by virtue of Part 1 of Schedule 1, or

(iii)

a patient falling within subsection (4),

means psychiatric disorder;

(b)

in relation to any other patient, means mental disorder.”

14

In the following places, for “mental”, substitute “relevant”—

section 58(1)(b) (administration of medicine requiring consent or a second opinion);
section 63 (treatment not requiring consent).

Amendments of Part 4A of the Mental Health Act 1983

15

In Part 4A of the Mental Health Act 1983 (treatment of community patients not recalled to hospital), for section 64A substitute—

“64AMeaning of “relevant treatment”

(1)

In this Part of this Act “relevant treatment”—

(a)

in relation to a Part 3 community patient, means medical treatment which—

(i)

is for the relevant disorder from which the patient is suffering, and

(ii)

is not a form of treatment to which section 57 applies, and

(b)

in relation to any other community patient, means medical treatment which—

(i)

is for the psychiatric disorder from which the patient is suffering, and

(ii)

is not a form of treatment to which section 57 applies.

(2)

In subsection (1)(a)—

“Part 3 community patient” means a person who is a community patient by virtue of a community treatment order under section 17A as applied by Part 1 of Schedule 1;

“relevant disorder” has the meaning given by section 34A.”

Amendments of Part 5 of the Mental Health Act 1983

16

Part 5 of the Mental Health Act 1983 (tribunals) is amended as follows.

17 (1)

Section 72 (grounds for discharge by tribunal) is amended as follows.

(2)

After subsection (1) insert—

“(1ZA)

In relation to a patient admitted to hospital in pursuance of a hospital order (see section 55(4)), section 20(4) is to be read, for the purposes of subsection (1)(b), as if the reference to psychiatric disorder were a reference to relevant disorder (within the meaning given by section 34A).”

(3)

In subsection (1A), for “mental”, in both places it occurs, substitute “psychiatric”.

(4)

After subsection (1A) insert—

“(1B)

In relation to a person who is a community patient by virtue of a community treatment order under section 17A as applied by Part 1 of Schedule 1—

(a)

for the purposes of subsection (1)(c), section 17A(5) is to be read as if the reference to psychiatric disorder were a reference to relevant disorder (within the meaning given by section 34A), and

(b)

subsection (1A) is to be read as if the references to psychiatric disorder were references to relevant disorder (within the meaning given by section 34A).”

(5)

In subsection (4) (guardianship), in paragraph (a), for “mental disorder” substitute—

“(i)

psychiatric disorder,

(ii)

autism, or

(iii)

learning disability which has serious behavioural consequences”.

18

In section 73 (power to discharge restricted patients), after subsection (8) insert—

“(9)

Subsection (4) of section 20 is to be read, for the purposes of this section, as if the reference to psychiatric disorder in paragraph (a) of that subsection were a reference to relevant disorder (within the meaning given by section 34A).”

19

In section 74 (restricted patients subject to restriction directions), in subsection (6), for “(8)” substitute “(9)”.

Transitory modifications of the Mental Health Act 1983

20

Pending the coming into force of section 6(3)(b) of this Act, section 20A(6)(a) of the Mental Health Act 1983 is to be read as if—

(a)

in relation to a patient admitted to hospital in pursuance of a hospital order (read in accordance with section 55(4) of the Mental Health Act 1983), as if for “mental” there were substituted “relevant”;

(b)

in relation to any other patient, for “mental” there were substituted “psychiatric”.

21 (1)

Pending the coming into force of section 7(2) of this Act, section 72(1)(b) and (c) and (1A) of the Mental Health Act 1983 are to be read—

(a)

in relation to a patient admitted to hospital in pursuance of a hospital order (read in accordance with section 55(4) of the Mental Health Act 1983) or a Part 3 community patient, as if, for “mental”, in each place it occurs, there were substituted “relevant”;

(b)

in relation to any other patient as if for “mental”, in each place it occurs, there were substituted “psychiatric”.

(2)

In sub-paragraph (1)(a) “Part 3 community patient” means a person who is a community patient by virtue of a community treatment order under section 17A as applied by Part 1 of Schedule 1 to the Mental Health Act 1983.

22

Pending the coming into force of section 7(3) of this Act, section 72(1)(b) of the Mental Health Act 1983 is to be read, for the purposes of section 73 of that Act, as modified by paragraph 21(1)(a) of this Schedule.

23

Pending the coming into force of section 8(8) of this Act, section 64(3) of the Mental Health Act 1983 is to be read as if for “mental” there were substituted “relevant”.

24

Pending the coming into force of section 13(3)(b) of this Act, section 58(1) of the Mental Health Act 1983 is to be read as if, in the words before paragraph (a), for “mental”, there were substituted “relevant”.

25

Pending the coming into force of section 29(5)(d) and (e) of this Act, section 20 of the Mental Health Act 1983 is to be read as if for “psychiatric” there were substituted “relevant”.