1 Members of Parliament etc.

(1) Section 141 of the Mental Health Act 1983 (disqualification of MPs and
members of devolved bodies on grounds of mental illness) is repealed.

(2) Any rule of the common law which disqualifies a person from membership of
5the House of Commons on grounds of mental illness is abolished.

(3) The Schedule (which includes amendments and repeals consequential on
subsection (1)) has effect.

2 Jurors

In Part 1 of Schedule 1 to the Juries Act 1974 (disqualification of mentally
10disordered persons from jury service), for paragraph 1 substitute—

“1 A person for the time being liable to be detained under the Mental
Health Act 1983.

1A A person for the time being resident in a hospital on account of
mental disorder as defined by the Mental Health Act 1983.”

3 15Company directors

(1) In the Companies (Model Articles) Regulations 2008 (S.I. 2008/3229S.I. 2008/3229), omit the
following provisions (model articles of association: termination of director’s
appointment on grounds of mental health)—

(a) in Schedule 1, paragraph 18(e),

(b) 20in Schedule 2, paragraph 18(e), and

(c) in Schedule 3, paragraph 22(e).

(2) In the RTM Companies (Model Articles) (England) Regulations 2009 (S.I. 2009/
2767), in the Schedule, omit paragraph 23(e) (model articles of association:
termination of director’s appointment on grounds of mental health).

(3) In the RTM Companies (Model Articles) (Wales) Regulations 2011 (S.I. 2011/
52680), omit the following provisions (model articles of association: termination
of director’s appointment on grounds of mental health)—

(a) in Schedule 1, paragraph 23(e), and

(b) in Schedule 2, paragraph 23(d).

4 Commencement, extent and short title

(1) 10Sections 1 and 3 come into force at the end of two months beginning with the
day on which this Act is passed.

(2) Section 2 comes into force on such day as the Secretary of State may by order
made by statutory instrument appoint; and an order under this subsection may
include savings or transitional provisions.

(3) 15An amendment, repeal or revocation made by this Act has the same extent as
the provision amended, repealed or revoked.

(4) The other provisions of this Act extend to England and Wales, Scotland and
Northern Ireland.

(5) This Act may be cited as the Mental Health (Discrimination) (No.2) Act 2012.

Section 1

Schedule Section 1(1): consequential amendments and repeals

Mental Health Act 1983

1 (1) In section 145(1) of the Mental Health Act 1983 (interpretation), in the
5definition of “mental disorder”, for “sections 86(4) and 141(6B)” substitute
“section 86(4)”.

(2) In section 146 of that Act (application to Scotland), omit “141,”.

(3) In section 147 of that Act (application to Northern Ireland), omit “141,”.

Scotland Act 1998

2 (1) 10In section 17 of the Scotland Act 1998 (disqualification from membership of
the Scottish Parliament), in subsection (4)—

(a) omit “section 141 of the Mental Health Act 1983 (mental illness) and”,
and

(b) for “either of those sections” substitute “that section”.

(2) 15In Schedule 8 to that Act, omit paragraph 19 and the preceding cross-
heading.

Government of Wales Act 1998

3 In Schedule 12 to the Government of Wales Act 1998, omit paragraph 23.

Northern Ireland Act 1998

4 (1) 20In section 37 of the Northern Ireland Act 1998 (disqualification from
membership of the Northern Ireland Assembly), in subsection (4)—

(a) omit “section 141 of the Mental Health Act 1983 (mental illness) and”,
and

(b) for “either of those sections” substitute “that section”.

(2) 25In Schedule 13 to that Act, omit paragraph 5(3).

Government of Wales Act 2006

5 (1) In section 18 of the Government of Wales Act 2006 (disqualification from
membership of the National Assembly for Wales)—

(a) in subsection (5), omit paragraph (a), and

(b) 30in subsection (6), for “a provision” substitute “the provision”.

(2) In Schedule 10 to that Act, omit paragraph 13 and the preceding cross-
heading.

Mental Health Act 2007

6 (1) In Schedule 1 to the Mental Health Act 2007 (categories of mental disorder),
omit paragraph 16.

(2) In Schedule 3 to that Act (supervised community treatment), omit
5paragraph 33 and the preceding cross-heading.