The Mental Health Act 2025 received Royal Assent on 18 December 2025. The Act can be found here, and the Explanatory Notes here. The Act is very difficult to read in isolation, as it is an Act amending the Mental Health Act 1983. During the passage of the Bill through Parliament, DHSC produced a version of the Act as it would look as if amended by the Bill l as it stood after Report stage in the House of Lords. However, unfortunately, this was not updated to reflect further amendments made later in the Parliamentary process. I have therefore produced an entirely unofficial update to that document to show how the MHA 1983 will look in due course. I have also done a walkthrough of the MHA 1983 as amended by the MHA 2025.
Sections 30(2), 32, 35, 36(1) and (3)(b), 38 and 39 of the MHA 2025 come into force on 18 February 2026, implementing changes to ss. 42, 48, 71, 73, and 75 MHA 1983 (concerning removal to hospital of a wider range of those under detention, and the provision for deprivation of liberty in the community presence of risk of serious harm to others for those conditionally discharged from hospital). We do not yet have a time-frame for the commencement of other changes.
