Mental Health Act 1983
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| Long title | An Act to consolidate the law relating to mentally disordered persons. |
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| Citation | 20 |
| Territorial extent | England and Wales (full); Northern Ireland and Scotland (parts of the Act) |
| Dates | |
| Royal assent | 9 May 1983 |
| Commencement | 30 September 1983 |
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Status: Amended
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| Text of the Mental Health Act 1983 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk | |
The Mental Health Act 1983 (c.20) is an Act of the Parliament of the United Kingdom which applies to people in England and Wales. It covers the reception, care and treatment of mentally disordered persons, the management of their property and other related matters. In particular, it provides the legislation by which people diagnosed with a mental disorder can be detained in hospital or police custody and have their disorder assessed or treated against their wishes, unofficially known as "sectioning". Its use is reviewed and regulated by the Care Quality Commission. The Act has been significantly amended by the Mental Health Act 2007.
The Madhouses Act 1774 created a Commission of the Royal College of Physicians with powers to grant licences to premises housing "lunatics" in London; Justices of the Peace were given these powers elsewhere in England and Wales. Failure to gain a licence resulted in a hefty fine. Admission to a "madhouse" required certification signed by a doctor, and lists of detained residents became available for public inspection. This Act was later considered ineffectual and was repealed by the Madhouses Act 1828, itself repealed shortly afterwards by the Madhouses Act 1832. These Acts altered the composition of the Commission in several ways, such as including barristers in addition to doctors.
The Lunacy Act 1845 and the County Asylums Act 1845 together gave mental hospitals or "asylums" the authority to detain "lunatics, idiots and persons of unsound mind". Each county was compelled to provide an asylum for "pauper lunatics", who were removed from workhouses into the aforementioned asylums. The "Lunatic Commission" was established to monitor asylums, their admissions, treatments and discharges.
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