what are the most significant components of the mental health act?

Answer 1

Summary of the Mental Health Act 1983
1. The Mental Health Act 1983 makes provision for the compulsory detention and treatment in hospital of those with mental disorder. The Act is in ten parts:

I Application of the Act (the scope)
II Compulsory admission to hospital and Guardianship
III Patients concerned in criminal proceedings or under sentence
IV Consent to treatment
V Mental Health Review Tribunals
VI Removal and Return of Patients within UK etc
VII Management of property and affairs of patients
VIII Miscellaneous functions of local authorities and the Secretary of State
IX Offences
X Miscellaneous and Supplementary

2. Individuals may be detained under a number of different sections of the Act on the basis of the presence of mental disorder as described in the Act and which requires hospital treatment. Admission to hospital under the civil sections of the Act (Part II) may only be made where there is a formal application by either an Approved Social Worker (ASW) or the nearest relative, as described in the Act. An application is founded on two medical recommendations made by two qualified medical practitioners, one of whom must be approved for the purpose under the Act. Different procedures apply in the case of emergencies.

3. Patients may apply to Mental Health Review Tribunals within each period of detention who consider whether the conditions for continued detention are still present. The Tribunal may order a conditional or absolute discharge. Patients can also apply to the hospital managers to review their case. The patient's own responsible medical officer must also continue to review the appropriateness of detention. Patients may also be received into guardianship under the Act.

4. Patients may contact the Mental Health Act Commission which has responsibility to protect the interests of detained patients. It does this by visiting hospitals and registered mental nursing homes and talking to patients about their care and treatment. It also has the responsibility to investigate complaints and operates the "Second Opinion Appointed Doctor" service for second opinions required under Part IV of the Act. The Commission is required to produce a report on their activities every two years.

5. Part III of the Act concerns the criminal justice system. It provides powers for Crown or Magistrates Courts to remand an accused person to hospital either for treatment or a report on their mental disorder. It also provides powers for a Court to make a hospital order (on the basis of two medical recommendations) for the detention in hospital of a person convicted of an offence who requires treatment and care. The Court may also make a Guardianship order. A Restriction Order may be imposed at the same time which places restrictions on movement and discharge of a patient detained under section 37; all movement is then subject to the Home Secretary's agreement. This part of the Act also contains powers to transfer prisoners to hospital for treatment of a mental disorder.

6. The Act is supplemented by the Memorandum on Parts I to VII, VIII and X.

7. Section 118 of the 1983 Act places a duty on the Secretary of State to prepare and, from time to time, revise a Code of Practice for the guidance of those concerned with admission of patients under the Mental Health Act and the treatment of patients suffering from mental disorder. The most recent Code was published in March 1999

Code of Practice to the Mental Health Act 1983 (revised 1999) Mental Health Act 1983: Memorandum on parts I to VI, VIII and X The Mental Health Act 1983: Guidance for general practitioners - medical examinations and medical recommendations under the Act