Model articles: Mental Health (Discrimination) Act 2013

The Mental Health (Discrimination) Act 2013 has been published.

Section 3(1) of the Act amends the model articles set out in Schedules 1 to 3 of the Companies (Model Articles) Regulations 2008 (SI 2008/3229) to remove 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. The Act therefore revokes Article 18(e) of both the model articles for private companies limited by shares and private companies limited by guarantee and Article 22(e) of the model articles for public companies.

Sections 3(2) and (3) of the Act also make similar amendments to the model articles for right to manage companies as set out in the RTM Companies (Model Articles) (England) Regulations 2009 (SI 2009/2767) and the RTM Companies (Model Articles) (Wales) Regulations 2011 (SI 2011/2680).

The Act received Royal Assent on 28 February 2013 and section 3 comes into force on 28 April 2013.

For further information in relation to model articles, see Practice notes, Articles of association: content: Model articles and Model articles: private companies limited by shares: Companies Act 2006: Article 18: termination of director's appointment.

Source: Mental Health (Discrimination) Act 2013.