Mental Health (Discrimination) Act 2013

The Mental Health (Discrimination) Act 2013 (‘the Act’) was given Royal Assent on 28 February 2013 and s3 comes into force on 28 April 2013.

What Changes are made to the Companies (Model Articles) Regulations 2008 (‘the Regulations’)

The Act makes the following changes to Schedules 1 to 3 of the Regulations:

  • Section 3(1) of the Act removes the provisions requiring the automatic termination of a director’s appointment if that director’s rights or powers are restricted by a court order on mental health grounds;
  • Article 18.1(e) of the model articles for private companies limited by shares and private companies limited by guarantee is revoked;
  • Article 22(e) of the model articles for public companies is also revoked.

Similar amendments are made to the model articles for the right to manage companies, as set out in the RTM Companies (Model Articles) (England) Regulations 2009, and the RTM Companies (Model Articles) (Wales) Regulations 2011 by Sections 3(2) and (3) of the Act.