Legislation – Mental Health Act 2025
Changes to legislation:
There are currently no known outstanding effects for the Mental Health Act 2025, Section 31.
Changes to Legislation
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Periods for applications and references to tribunal
31References to tribunal
(1)
The Mental Health Act 1983 is amended as follows.
(2)
In section 17G (effect of revoking community treatment order), in subsection (5), after “section 20” insert “and section 68”
.
(3)
In section 19(2A) (as inserted by section 29 of this Act) for “has” substitute “and section 68 have”
.
(4)
In section 68 (duty of managers of hospitals to refer cases to tribunal)—
(a)
in subsection (1) omit paragraphs (d) and (e);
(b)
in subsection (2), for “the period of six months beginning with the applicable day” substitute “a relevant period”
;
(c)
in subsection (3)—
(i)
in the words before paragraph (a), for “that” substitute “the relevant”
;
(ii)
in paragraph (a), after “(e),” insert “(f), (fza), (fa), (faa),”
;
(iii)
in paragraph (c), for “(7)” substitute “(6)”
;
(d)
in subsection (4), for “period mentioned in subsection (2) above” substitute “relevant period”
;
(e)
“(4A)
In this section “relevant period” means—
(a)
in the case of a patient who is admitted to a hospital in pursuance of an application for admission for assessment, the period of three months beginning with the applicable day;
(b)
in the case of a patient who is admitted to hospital in pursuance of an application for admission for treatment—
(i)
the period of three months beginning with the applicable day;
(ii)
the period between the expiry of three months and the expiry of 12 months beginning with the applicable day;
(iii)
each subsequent period of 12 months;
(c)
in the case of a community patient—
(i)
the period of six months beginning with the applicable day;
(ii)
the period between the expiry of six months and the expiry of 12 months beginning with the applicable day;
(iii)
each subsequent period of 12 months.”;
(f)
in subsection (5)—
(i)
in the words before paragraph (a), for “(2) above” substitute “(4A)”
;
(ii)
in paragraph (c), for the words from “or a patient” to the end substitute “, the day on which the community treatment order was made”
;
(iii)
omit paragraph (d);
(g)
“(6)
The managers of the hospital must also refer the patient’s case to the appropriate tribunal if—
(a)
the patient’s case has not been considered by such a tribunal within the last 12 months, whether on the patient’s own application or otherwise, and
(b)
there is no pending application or reference to the appropriate tribunal in relation to the patient’s case.”;
(h)
omit subsection (7).
(5)
Omit section 68A.
(6)
In section 143 (general provisions as to regulations, orders and rules)—
(a)
in subsection (2)(b), as inserted by section 37 of this Act, omit “or 68A(7)”;
(b)
in subsection (3) omit “, 68A(1)”;
(c)
in subsection (3C) omit “, or an order under section 68A(7) above,”;
(d)
omit subsection (3D).
(7)
In Part 1 of Schedule 1 (application of certain provisions to patients subject to hospital and guardianship orders), in paragraph 10—
(a)
the existing text becomes sub-paragraph (1);
(b)
“(b)
subsections (2) to (5) are to apply if—
(i)
the patient falls within paragraph (b) of subsection (1) as a result of being—
(A)
a patient who was transferred from guardianship to hospital in pursuance of regulations made under section 19, or
(B)
a patient in respect of whom a community treatment order was revoked, where the revocation took place after the end of the period of six months beginning with the date of the relevant order or direction under Part 3 of this Act, or
(ii)
the patient falls within paragraph (c) of subsection (1),
but otherwise are not to apply.”;
(c)
“(2)
In the application of subsections (2) to (5) of section 68 by virtue of sub-paragraph (1)(b), those subsections apply as if the patient had been admitted to hospital in pursuance of an application for admission for treatment on the day on which the patient was transferred or the community treatment order was revoked.”