Legislation – Mental Health Act 2025

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Introduction

1 Principles to inform decisions

2 Application of principles to Wales

3 Application of the Mental Health Act 1983: autism and learning disability

4 People with autism or learning disability

5 Grounds for detention

6 Grounds for community treatment orders

7 Grounds for discharge by tribunal

8 Appropriate medical treatment: therapeutic benefit

9 Remission or release of prisoners etc from hospital: treatment condition

10 Nomination of the responsible clinician

11 Making treatment decisions

12 Appointment of doctors to provide second opinions

13 Medicine etc: treatment conflicting with a decision by or on behalf of a patient

14 Medicine etc: treatment in other circumstances

15 Electro-convulsive therapy etc

16 Review of treatment

17 Urgent treatment to alleviate serious suffering

18 Urgent electro-convulsive therapy etc

19 Remote assessment for treatment

20 Capacity to consent to treatment

21 Care and treatment plans

22 Consultation of the community clinician

23 Conditions of community treatment orders

24 Nominated person

25 Applications for admission or guardianship: role of nominated person

26 Discharge of patients: role of nominated person

27 Community treatment orders: role of nominated person

28 Transfer of patients: role of nominated person

29 Detention periods

30 Periods for tribunal applications

31 References to tribunal

32 References: restricted patients subject to deprivation of liberty conditions

33 References: restricted patients not subject to deprivation of liberty conditions

34 Discharge: process

35 Conditional discharge subject to deprivation of liberty conditions

36 Transfers of prisoners and others to hospital: conditions

37 Transfers of prisoners and others to hospital: time limits

38 Transfer directions for persons detained in youth detention accommodation

39 Minor amendment

40 Independent mental health advocates

41 Information about complaints for detained patients

42 Information about complaints for community patients

43 Information for conditionally discharged patients

44 Advance choice documents

45 Tribunal power to recommend after-care

46 After-care services

47 Tribunal powers in guardianship cases: burden of proof

48 Removal of police stations and prisons as places of safety

49 Remand for a person’s own protection etc

50 Removal of interim remand patients to and from Channel Islands or Isle of Man

51 Human Rights Act 1998: extension to certain private care providers

52 Review of duty to notify incidents

53 Power of Secretary of State to make consequential provision

54 Power of Welsh Ministers to make consequential provision

55 Extent

56 Commencement

57 Short title

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

General

53Power of Secretary of State to make consequential provision

(1)

The Secretary of State may by regulations made by statutory instrument make provision that is consequential on this Act.

(2)

Regulations under this section may amend, repeal or revoke provision made by or under primary legislation passed—

(a)

before this Act, or

(b)

later in the same session of Parliament as this Act.

(3)

In this section “primary legislation” means—

(a)

an Act, or

(b)

an Act or Measure of Senedd Cymru.

(4)

A statutory instrument containing (alone or with other provision) regulations under this section that amend or repeal provision made by primary legislation may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(5)

Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.