# Lunacy Act 1890

The Lunacy Act 1890 (53 & 54 Vict. c. 5) was an act of the Parliament of the United Kingdom that formed the basis of mental health law in England and Wales from 1890 until 1959.
The act placed an obligation on local authorities to maintain institutions for the mentally ill.

## Background

In 1889, the Lunacy Acts Amendment Act 1889 (52 & 53 Vict. c. 41) was passed, which, amongst other things, provided that from 1 May 1890, private patients would be received only under order of county court judge, magistrate, or justice of the peace.
On 17 February 1890, the First Lord of the Treasury, W. H. Smith MP confirmed the government's intention to introduce a simple bill to consolidate the mental health law of England and Wales and act as a code of guidance of those concerned in the administration of the law.

## Passage

The Lunacy Consolidation Bill had its first reading in the House of Lords on 20 February 1890, introduced by the Lord Chancellor, Hardinge Giffard, 1st Earl of Halsbury. The bill had its second reading in the House of Lords on 21 February 1890 and was committed to a committee of the whole house, which met and reported on 13 March 1890, with amendments. The amended bill had its third reading in the House of Lords on 17 March 1890 and passed, with amendments.
The amended bill had its first reading in the House of Commons on 17 March 1890. The bill had its second reading in the House of Commons on 20 March 1890 and was committed to a select committee, following objections from Charles Kearns Deane Tanner MP. The select committee was discharged on 24 March 1890 and the bill was committed to the Select Committee on the Statute Law Revision Bill, which reported on 25 March 1890, without amendments. The bill was re-committed to a committee of the whole house, which met and reported on 27 March 1890, without amendments. The bill had its third reading in the House of Commons on 27 March 1890 and passed, without amendments.
The bill was granted royal assent on 29 March 1890.

## Repealed enactments

Section 5 of the act repealed 27 enactments, listed in the fifth schedule to the act, provided that repeals would not affect any jurisdiction or practice established, confirmed or transferred, or salary or compensation or superannuation secured, by any repealed acts.
| Citation | Short title | Title | Extent of repeal |
| 4 & 5 Will. 4. c. 76 | Poor Law Amendment Act 1834 | An Act for the amendment and better administration of the Laws relating to the Poor in England and Wales. | Section forty-five. |
| 8 & 9 Vict. c. 100 | Lunacy Act 1845 | An Act for the regulation of the care and treatment of lunatics. | The whole Act. |
| 13 & 14 Vict. c. 60 | Trustee Act 1850 | The Trustee Act, 1850 | Sections three, four, five, six, and fifty-six. Sections twenty, twenty-six, twenty-seven, twenty-eight, thirty-one, forty, forty-one, forty-two, forty-four, forty-five, fifty-one, fifty-two, and fifty-three, so far as they relate to "the Lord Chancellor entrusted as aforesaid." Except so far as the above sections relate to Ireland. |
| 15 & 16 Vict. c. 48 | Property of Lunatics Act 1852 | An Act for the amendment of the law respecting the property of lunatics. | The whole Act. |
| 15 & 16 Vict. c. 55 | Trustee Act 1852 | An Act to extend the provisions of the Trustee Act, 1850. | Sections six and seven, so far as relates to the Lord Chancellor entrusted as aforesaid, and sections ten and eleven. Except so far as the above sections relate to Ireland. |
| 16 & 17 Vict. c. 70 | Lunacy Regulation Act 1853 | The Lunacy Regulation Act, 1853. | The whole Act. |
| 16 & 17 Vict. c. 96 | Care and Treatment of Lunatics Act 1853 | An Act to amend an Act passed in the ninth year of Her Majesty for the regulation of the care and treatment of lunatics. | The whole Act. |
| 16 & 17 Vict. c. 97 | Lunatic Asylums Act 1853 | The Lunatic Asylums Act, 1853. | The whole Act. |
| 18 & 19 Vict. c. 13 | Lunacy Act 1855 | An Act to amend and extend the Lunacy Act, 1853. | The whole Act. |
| 18 & 19 Vict. c. 105 | Lunacy Regulation Act 1855 | An Act to amend the Lunatic Asylums Act, 1853, and the Acts passed in the ninth and sixteenth years of Her Majesty for the regulation of the Care and Treatment of Lunatics. | The whole Act. |
| 19 & 20 Vict. c. 87 | Lunatic Asylums Act 1856 | An Act to amend the Lunatic Asylums Act, 1853. | The whole Act. |
| 23 & 24 Vict. c. 127 | Solicitors Act 1860 | An Act to amend the law relating to attorneys, solicitors, proctors, and certificated conveyancers. | Section twenty-nine. |
| 24 & 25 Vict. c. 55 | Poor Removal Act 1861 | An Act to amend the laws regulating the removal of the poor and the contribution of parishes to the common fund in unions. | Section seven. |
| 25 & 26 Vict. c. 86 | Lunacy Regulation Act 1862 | The Lunacy Regulation Act, 1862. | The whole Act. |
| 25 & 26 Vict. c. 111 | Lunacy Acts Amendment Act 1862 | The Lunacy Acts Amendment Act, 1862. | The whole Act. |
| 26 & 27 Vict. c. 110 | Lunacy Acts Amendment Act 1863 | The Lunacy Act Amendment Act, 1863. | The whole Act. |
| 28 & 29 Vict. c. 80 | Lunacy Act Amendment Act 1865 | The Lunacy Act Amendment Act, 1865. | The whole Act. |
| 30 & 31 Vict. c. 6 | Metropolitan Poor Act 1867 | The Metropolitan Poor Act, 1867. | In section thirty, the words "and every such asylum" to the end of the section. |
| 30 & 31 Vict. c. 87 | Court of Chancery (Officers) Act 1867 | The Court of Chancery (Officers) Act, 1867. | Section thirteen. |
| 30 & 31 Vict. c. 106 | Poor Law Amendment Act 1867 | The Poor Law Amendment Act, 1867. | Section twenty-three, except as regards persons suffering from delirium tremens, or from bodily disease of a contagious or infectious character. |
| 31 & 32 Vict. c. 122 | Poor Law Amendment Act 1867 | The Poor Law Amendment Act, 1868. | Section forty-three. |
| 34 & 35 Vict. c. 14 | County Property Act 1871 | The County Property Act, 1871. | Section two. |
| 38 & 39 Vict. c. 77 | Supreme Court of Judicature Act 1875 | The Supreme Court of Judicature Act, 1875. | Section seven. In section twenty-six, the words "(including the percentage on estates of lunatics)" and the words "(including the masters and other officers in lunacy)". |
| 45 & 46 Vict. c. 82 | Lunacy Regulation Amendment Act 1882 | The Lunacy Regulation Amendment Act, 1882. | The whole Act. |
| 48 & 49 Vict. c. 52 | Lunacy Acts Amendment Act 1885 | The Lunacy Acts Amendment Act, 1885. | The whole Act. |
| 51 & 52 Vict. c. 41 | Local Government Act 1888 | The Local Government Act, 1888. | Section thirty-two, sub-section three, sub-clause (c); section eighty-six, sub-sections one, two, three, four, six, seven, and eight. |
| 52 & 53 Vict. c. 41 | Lunacy Acts Amendment Act 1889 | The Lunacy Acts Amendment Act, 1889. | The whole Act. |