Section 46 patient

Can anyone tell me how to appeal or gain access to Section 46 information? Section 46 is believed to be from the Home Secretary. Mental Health Act 1983

The effects of section 46 do not exist anymore; it was repealed years ago.

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This provision was repealed in 1996. No longer exists.

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I was told about Section 46 by MHT Leicester themselves & ascertained what it fully implies via below legislation website.

“(1)The Secretary of State may by warrant direct that any person who, by virtue of any enactment to which this subsection applies, is required to be kept in custody during Her Majesty’s pleasure or until the directions of Her Majesty are known shall be detained in such hospital”

That’s what it used to say; here is the up to date link: Mental Health Act 1983 (

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Thanks Guy but today I received a letter from the Tribunal confirming Section 46 being imposed upon me.

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Ah! It makes sense now, though it’s an overly legalistic letter to send to an unrepresented patient who is subject to the Mental Heath Act.

The letter’s not about section 46 of the MHA – it’s just referring to the tribunal’s rule 46, which is about applications for permission to appeal.

Thanks Jonathan.
Having a patient thrown into this situation is distressing enough.