Section 3 — Application of the Mental Health Act 1983: autism and learning disability

(1) The Mental Health Act 1983 is amended as follows.

(2) In section 1 (application of Act: “mental disorder”)—

(a) in subsection (2), at the appropriate places insert— “autism” means a lifelong developmental disorder of the mind that affects how people perceive, communicate and interact with others; ; “learning disability” means a state of arrested or incomplete development of the mind which includes significant impairment of intelligence; ; “psychiatric disorder” means mental disorder other than autism or learning disability; ;

(b) for subsections (2A) and (2B) substitute— (2A) For the purposes of this Act, a person’s learning disability has “serious behavioural consequences” if it is associated with abnormally aggressive or seriously irresponsible conduct by the person. ;

(c) omit subsection (4).

(3) In section 145 (interpretation of the Mental Health Act 1983), in subsection (1), at the appropriate places insert— “autism” has the meaning given in section 1; ; “learning disability” has the meaning given in section 1; ; “psychiatric disorder” has the meaning given in section 1; ; “serious behavioural consequences”, in relation to a person’s learning disability, is to be read in accordance with section 1(2A); .

(4) Schedule 1 amends the Mental Health Act 1983 to—

(a) prevent people from being detained under section 3 of that Act (admission for treatment) on the basis of autism or learning disability, and

(b) make related changes in relation to the application of that Act to autism and learning disability.