Mental Health Act 1959

The Mental Health Act 1959 (7 & 8 Eliz. 2. c. 72) was an act of the Parliament of the United Kingdom concerning England and Wales which had, as its main objectives, to abolish the distinction between psychiatric hospitals and other types of hospitals and to deinstitutionalise mental health patients and see them treated more by community care.

The Mental Health (Scotland) Act 1960 (8 & 9 Eliz. 2. c. 61) made similar provisions for Scotland.

It also defined the term mental disorder for the first time, making mental illness distinct from learning disabilities. The definition reads: “mental illness; arrest or incomplete development of mind; psychopathic disorder; and any other disorder or disability of mind”.

At the time, 0.4% of the population of England were housed in asylums, receiving the standard treatments of the time.A brief history of specialist mental health services, S Lawton-Smith and A McCulloch, Mental Health Foundation, Their treatment was considered by the 1957 Percy Commission and the act resulted from its deliberations. The act was designed to make: treatment voluntary and informal; and where compulsory give it a proper legal framework and made as a medical decision; and to move treatment, where possible, away from institutional care to that in the community.

The act repealed the Lunacy and Mental Treatment Acts 1890 to 1930 and the Mental Deficiency Acts 1913 to 1938.

One of the changes introduced by the act was the abolishment of the category of "moral imbecile". The category, which had been introduced in the 1913 act, had been defined in such vague terms that it had allowed mothers of illegitimate children, especially in case of repeated births out of wedlock, to be regarded as "moral imbeciles" and thus to be placed in an institution for defectives or to be placed under guardianship.

Provisions Repealed enactments Section 149(2) of the act repealed 72 enactments, listed in the eighth schedule to the act.

+ Part I — Repeals extending to England and Wales only Citation Short title Extent of repeal — Prerogativa Regis Chapters xi and xii. 51 Geo. 3. c. 37 Marriage of Lunatics Act 1811 The whole act. 1 & 2 Vict. c. 106 Pluralities Act 1838 Section seventy-nine. 1 & 2 Vict. c. 110 Judgments Act 1838 In section eighteen, the words "and all orders of the Lord Chancellor in matters of lunacy" and the words "and by the Lord Chancellor in matters of lunacy". 12 & 13 Vict. c. 45 Quarter Sessions Act 1849 In section two, the words "or against an order under any statute relating to pauper lunatics". 15 & 16 Vict. c. 87 Court of Chancery Act 1852 The whole act. 23 & 24 Vict. c. 75 Criminal Lunatic Asylums Act 1860 The whole act. 33 & 34 Vict. c. 77 Juries Act 1870 In the Schedule, the words "Keepers in public lunatic asylums". 34 & 35 Vict. c. 44 Incumbents Resignation Act 1871 Section eighteen. 36 & 37 Vict. c. 57 Consolidated Fund (Permanent Charges Redemption) Act 1873 In section seven, in the definition of "limited owner", the words "a committee of a lunatic or idiot". 46 & 47 Vict. c. 38 Trial of Lunatics Act 1883 In section two, in subsection (2), the words "as a criminal lunatic". 47 & 48 Vict. c. 64 Criminal Lunatics Act 1884 The whole act. 53 & 54 Vict. c. 5 Lunacy Act 1890 The whole act. 53 & 54 Vict. c. 39 Partnership Act 1890 In section thirty-five, paragraph (a). 54 & 55 Vict. c. 65 Lunacy Act 1891 The whole act. 61 & 62 Vict. c. 57 Elementary School Teachers (Superannuation) Act 1898 In section six, paragraph (b) of subsection (1) so far as it applies in relation to persons of unsound mind. 7 Edw. 7. c. 23 Criminal Appeal Act 1907 In section five, in subsection (4), the words "as a criminal lunatic". 8 Edw. 7. c. 47 Lunacy Act 1908 The whole act. 3 & 4 Geo. 5. c. 28 Mental Deficiency Act 1913 The whole act. 6 & 7 Geo. 5. c. 31 Police, Factories, &c. (Miscellaneous Provisions) Act 1916 Section eleven. 8 & 9 Geo. 5. c. 55 School Teachers (Superannuation) Act 1918 Section nine. 12 & 13 Geo. 5. c. 16 Law of Property Act 1922 In section one hundred and eighty-eight, paragraph (39). 12 & 13 Geo. 5. c. 60 Lunacy Act 1922 The whole act. 15 & 16 Geo. 5. c. 18 Settled Land Act 1925 Section twenty-eight. In section one hundred and seventeen, in subsection (1), paragraph (xiii). 15 & 16 Geo. 5. c. 19 Trustee Act 1925 In section sixty-eight, in paragraph (15), the words " 'lunatic'. 'defective' ". 15 & 16 Geo. 5. c. 20 Law of Property Act 1925 In section seventy-six, in paragraph (F) of subsection (1), the words "or as committee of a lunatic or as receiver of a defective," and in subsection (4), the words "or as committee of a lunatic, or as receiver of a defective". In section seventy-seven, in subsection (4), the words "or as committee of a lunatic, or as receiver of a defective,". Section one hundred and seventy-one. In the Second Schedule, in the cross-heading to Part VI, the words "or as committee of a lunatic or as a receiver of a defective". 15 & 16 Geo. 5. c. 21 Land Registration Act 1925 In section three, in paragraph (xxvi), the words " 'committee' ", " 'lunatic' " and " 'defective' ". 15 & 16 Geo. 5. c. 23 Administration of Estates Act 1925 In section fifty-one, in subsection (2), the words "committee or". In section fifty-five, in paragraph (viii) of subsection (1), the definition of "committee". 15 & 16 Geo. 5. c. 49 Supreme Court of Judicature (Consolidation) Act 1925 In section twenty-six, in subsection (2), in paragraph (c), the words from "or from any order" to the end of the paragraph. Section one hundred and twenty-four. 15 & 16 Geo. 5. c. 53 Mental Deficiency (Amendment) Act 1925 The whole act. 15 & 16 Geo. 5. c. 59 Teachers (Superannuation) Act 1925 In the First Schedule, paragraph 9. 15 & 16 Geo. 5. c. 86 Criminal Justice Act 1925 In section thirty-four, the words "or the Board of Control" and the words "or a Commissioner or the Secretary of the Board of Control". 17 & 18 Geo. 5. c. 33 Mental Deficiency Act 1927 The whole act. 20 & 21 Geo. 5. c. 23 Mental Treatment Act 1930 The whole act. 23 & 24 Geo. 5. c. 12 Children and Young Persons Act 1933 In the Fourth Schedule, in paragraph 4, the words from "and shall" to the end of the paragraph. 23 & 24 Geo. 5. c. 36 Administration of Justice (Miscellaneous Provisions) Act 1933 Section eight. 1 Edw. 8 & 1 Geo. 6. c. 47 Teachers (Superannuation) Act 1937 In section one, in subsection (6), the references to section nine of the School Teachers (Superannuation) Act, 1918, and paragraph 9 of the First Schedule to the Teachers (Superannuation) Act, 1925. 1 & 2 Geo. 6. c. 43 Mental Deficiency Act 1938 The whole act. 2 & 3 Geo. 6. c. 31 Civil Defence Act 1939 In section sixty-six, in subsection (2), the word "committee" in each place where it occurs. 2 & 3 Geo. 6. c. 40 London Government Act 1939 In section ninety-four, subsection (1). 7 & 8 Geo. 6. c. 31 Education Act 1944 Section fifty-seven. In the Eighth Schedule, the amendment of section two of the Mental Deficiency Act, 1913. 9 & 10 Geo. 6. c. 81 National Health Service Act 1946 In section sixteen, in subsection (1), the words "or mental defectiveness". In section twenty-seven, in subsection (1) the words "or mental defectiveness". In section twenty-eight, in subsection (1) the words "or mental defectiveness". In section twenty-nine, in subsection (1) the words "mentally defective". Sections forty-nine to fifty-one. In section fifty-two, in subsection (1), the words "the Lunacy and Mental Treatment Acts, 1890 to 1930, or the Mental Deficiency Acts, 1913 to 1938". In section seventy-nine, in subsection (1), in the definition of "hospital", the words "or mental defectiveness" and in the definition of "local authority", paragraph (b). The Eighth and Ninth Schedules. In the Tenth Schedule, the amendments of the Children and Young Persons Act, 1933, and the Education Act, 1944. 11 & 12 Geo. 6. c. 29 National Assistance Act 1948 In the Sixth Schedule, in paragraph 7, sub-paragraphs (2) and (3). 11 & 12 Geo. 6. c. 40 Education (Miscellaneous Provisions) Act 1948 Section eight. In the First Schedule, in Part I, the amendment of subsection (6) of section fifty-seven of the Education Act, 1944, and, in the amendments of section one hundred and sixteen of that Act, the paragraph beginning with "For the words"; and in Part II, the amendments of the Mental Deficiency Act, 1913. 11 & 12 Geo. 6. c. 58 Criminal Justice Act 1948 In section four, in subsection (3), the words "or can be" and the words "as a voluntary patient or," and in subsection (4), the words "as a voluntary patient or". In section forty-seven, in subsection (1), the words "or voluntary". Sections sixty-two to sixty-four. In section seventy-seven, in subsection (2), the words from the beginning to "Treasury, and". In section eighty, in subsection (1), the definition of "mental hospital". In the Fifth Schedule, in paragraph 3, in paragraph (d) of sub-paragraph (1), the words "voluntary or". In the Ninth Schedule, the amendments of the Criminal Lunatic Asylums Act, 1860, the Criminal Lunatics Act, 1884, the Mental Deficiency Act, 1913, and the Mental Deficiency Act, 1927. 11 & 12 Geo. 6. c. 63 Agricultural Holdings Act 1948 Section eighty-four. 12, 13 & 14 Geo. 6. c. 93 National Health Service (Amendment) Act 1949 Section twenty-six. 12, 13 & 14 Geo. 6. c. 100 Law Reform (Miscellaneous Provisions) Act 1949 Section eight. 14 Geo. 6. c. 25 Matrimonial Causes Act 1950 In section one, in subsection (2), in paragraph (d) the words "the Mental Treatment Act, 1930, or under". 15 & 16 Geo. 6. & 1 Eliz. 2. c. 52 Prison Act 1952 In the Third Schedule, the amendments of the Mental Deficiency Act, 1913. 15 & 16 Geo. 6. & 1 Eliz. 2. c. 55 Magistrates' Courts Act 1952 In section twenty-six, subsection (6). Section thirty. 4 & 5 Eliz. 2. c. 34 Criminal Justice Administration Act 1956 In section two, subsection (8). 4 & 5 Eliz. 2. c. 46 Administration of Justice Act 1956 In section ten, in subsection (1), paragraph (b). 4 & 5 Eliz. 2. c. 69 Sexual Offences Act 1956 Section eight. In the Second Schedule, in paragraph 1, sub-paragraph (vii), and paragraph 12. 6 & 7 Eliz. 2. c. 3 Yarmouth Naval Hospital Transfer Act 1957 The whole act. 6 & 7 Eliz. 2. c. 40 Matrimonial Proceedings (Children) Act 1958 In section five, subsection (6). 6 & 7 Eliz. 2. c. 55 Local Government Act 1958 In section fifty, in subsection (1), the words "or of that section as applied by section fifty-one of that Act" and the words "(or that subsection as applied by the said section fifty-one)". In the Eighth Schedule, paragraph 19.