Legislation – Mental Health Act 2025

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Appropriate medical treatment

8Appropriate medical treatment: therapeutic benefit

(1)

The Mental Health Act 1983 is amended as follows.

(2)

In Part 1—

(a)

for the Part heading substitute “Introductory”;

(b)

after section 1 insert—

“1A“Appropriate medical treatment”

In this Act—

(a)

references to appropriate medical treatment, in relation to a person suffering from mental disorder, are references to medical treatment which, taking into account the nature and degree of the disorder and all other circumstances—

(i)

has a reasonable prospect of alleviating, or preventing the worsening of, the disorder or one or more of its symptoms or manifestations, and

(ii)

is appropriate in the person’s case;

(b)

references to medical treatment, in relation to mental disorder, are references to medical treatment the purpose of which is to alleviate, or prevent a worsening of, the disorder or one or more of its symptoms or manifestations.”;

(c)

in section 3 (admission for treatment) omit subsection (4).

(3)

In section 57 (treatment requiring consent and a second opinion), in subsection (2)(b), for “it is appropriate for the treatment to be given” substitute “the treatment constitutes appropriate medical treatment”.

(4)

In section 58 (treatment requiring consent or a second opinion), in subsection (3)(b), for “it is appropriate for the treatment to be given” substitute “the treatment constitutes appropriate medical treatment”.

(5)

In section 58A (electro-convulsive therapy etc), in subsection (4)(c), for sub-paragraph (ii) substitute—

“(ii)

that the treatment constitutes appropriate medical treatment.”

(6)

In section 62A (treatment on recall of community patient or revocation of order), in subsection (5)(a)—

(a)

omit “it is appropriate for”;

(b)

for “to be given to the patient” substitute “constitute appropriate medical treatment”.

(7)

In section 63 (treatment not requiring consent)—

(a)

the existing text becomes subsection (1);

(b)

in that subsection, after “patient”, insert “who is liable to be detained in pursuance of an application for admission for assessment”;

(c)

after that subsection insert—

“(2)

The consent of any other patient is not required for any medical treatment given to the patient for such disorder, not being a form of treatment to which section 57, 58 or 58A above applies, if—

(a)

the treatment is given by or under the direction of the approved clinician in charge of the treatment, and

(b)

the approved clinician in charge of the treatment considers that the treatment constitutes appropriate medical treatment.”.

(8)

In section 64 (supplementary provisions for Part 4) omit subsection (3).

(9)

In section 64C (section 64B: supplemental), in subsection (4)(a), for “it is appropriate for the treatment to be given or for the treatment to be” substitute “the treatment constitutes appropriate medical treatment or constitutes appropriate medical treatment if”.

(10)

In section 64K (interpretation of Part 4A) omit subsection (8).

(11)

In section 145 (interpretation)—

(a)

in subsection (1)—

(i)

at the appropriate place insert—

““appropriate medical treatment” is to be read in accordance with section 1A(a);”;

(ii)

in the definition of “medical treatment”, for “(but see also subsection (4) below)” substitute “; and references to medical treatment are to be read in accordance with section 1A(b)”;

(b)

omit subsection (1AB);

(c)

omit subsection (4).