Mental Health Act 2025 Commencement Regulations

UK New Legislation

Published March 26th, 2026

Detected April 1st, 2026

Summary

The Department of Health and Social Care has commenced sections 51 and 52 of the Mental Health Act 2025 via SI 2026 No. 385. Section 51 extends the Human Rights Act 1998 to private care providers, requiring them to act compatibly with Convention rights when providing mental health services. Section 52 imposes a statutory duty on the Secretary of State to review CQC notification requirements for patients under 18 receiving mental health treatment.

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What changed

These Regulations bring into force two sections of the Mental Health Act 2025 on 6th April 2026. Section 51 inserts section 142C into the Mental Health Act 1983, extending the Human Rights Act 1998 to private care providers delivering mental health services, requiring them to act compatibly with Convention rights. Section 52 places a statutory duty on the Secretary of State to review regulation 18 of the Care Quality Commission (Registration) Regulations 2009 regarding notification requirements for patients under 18 receiving mental health treatment as inpatients.

Healthcare providers delivering mental health services must prepare to comply with extended human rights obligations under section 142C, ensuring private care providers acting under their arrangements are aware of and comply with Convention rights requirements. The Secretary of State must lay and publish a report on the CQC notification review within two years of the 2025 Act being passed. The territorial application differs: section 51 applies to England, Wales, Scotland, and Northern Ireland; section 52 applies to England only.

What to do next

Review mental health service arrangements involving private care providers to ensure compliance with Convention rights under extended Human Rights Act obligations
Update policies and procedures for private care providers delivering mental health services to reflect section 142C requirements
Ensure staff training addresses the new Human Rights Act obligations for private mental health service providers

Source document (simplified)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Instruments

2026 No. 385 (C. 34)

MENTAL HEALTH

The Mental Health Act 2025 (Commencement No. 1) Regulations 2026

Made

26th March 2026

The Secretary of State makes these Regulations in exercise of the powers conferred by section 56(3) of the Mental Health Act 2025(1).

Citation

These Regulations may be cited as the Mental Health Act 2025 (Commencement No. 1) Regulations 2026.

Commencement

The following sections of the Mental Health Act 2025 come into force on 6th April 2026—

(a ) section 51;

(b ) section 52.

Signed by the authority of the Secretary of State for Health and Social Care

Merron

Parliamentary Under-Secretary of State

Department of Health and Social Care

26th March 2026

Explanatory Note

(This note is not part of the Regulations)

These Regulations bring into force, on 6th April 2026, sections 51 and 52 of the Mental Health Act 2025 (“ the 2025 Act ”).

Section 51 of the 2025 Act extends to England and Wales, Scotland and Northern Ireland. Section 52 of the 2025 Act extends to England only.

Section 51 of the 2025 Act inserts section 142C in the Mental Health Act 1983 (“ the 1983 Act ”). Section 142C of the 1983 Act extends the remit of the Human Rights Act 1998 to private care providers, requiring them to act compatibly with the Convention rights set out in the Human Rights Act 1998, when providing services as set out in section 142C(2) of the 1983 Act.

Section 52 of the 2025 Act places a statutory duty on the Secretary of State to review regulation 18 of the Care Quality Commission (Registration) Regulations 2009 to consider the circumstances in which the Care Quality Commission ought to be notified where a person under the age of eighteen is an inpatient in a hospital or registered establishment and is being treated for, or being assessed in relation to, mental disorder. A report setting out the conclusions of the review must be laid and published by the Secretary of State before the end of the period of two years beginning on the day that the 2025 Act was passed.

(1) 2005 c. 33.