There is no overlap intended between the Mental Health Act 1983 and the Mental Capacity Act 2005. The Mental Health Act 1983 provides a statutory basis for the compulsory treatment of people with mental disorder in hospital1. It carries safeguards for the use of treatment without consent2 and the requisite review mechanism in the form of the First Tier Tribunal (formerly the Mental Health Review Tribunal) safeguards3. Unlike the Mental Capacity Act 2005, the Mental Health Act 1983 is concerned only with the treatment of mental disorder4.
The purpose of the Mental Capacity Act 2005 is to provide a decision-making
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234