Mental Health (Care and Treatment) (Scotland) Act 2003
2003 asp 13 · Enacted 25 April 2003 · Extends to Scotland
An Act of the Scottish Parliament to restate and amend the law relating to mentally disordered persons; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 20th March 2003 and received Royal Assent on 25th April 2003C1C2C3
Annotations to the whole text
Modifications
- C1
Act applied (5.10.2005) by Mental Health (Cross-border transfer; patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005 (S.S.I. 2005/467), reg. 46 (with reg. 2)
- C2
Act applied (with modifications) (3.11.2008) by Mental Health (England and Wales Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations 2008 (S.S.I. 2008/356), reg. 33(1) (with regs. 2, 33(2))
- C3
Act applied in part (17.4.2024) by The Armed Forces (Appeals Against Review of Sentence) Regulations 2024 (S.I. 2024/619), regs. 1(2), 6(5)(6), 29(6)(7); S.I. 2024/562, reg. 2
Contents
- Part 1: Introductory
- 1Principles for discharging certain functions
- 2Welfare of the child
- 3Equal opportunities
- Part 2: The Mental Welfare Commission for Scotland
- Continued existence of Commission
- 4The Mental Welfare Commission for Scotland
- 4ZANational Confidential Forum Repealed
- 4ZBGeneral functions of NCF Repealed
- 4ZCCarrying out NCF functions Repealed
- 4ZDModifications in relation to NCF Repealed
- Commission Visitors
- 4ACommission Visitors
- General duties
- 5Duty to monitor operation of Act and promote best practice
- 6Reporting on operation of Act
- Particular functions
- 7Duty to bring matters generally to attention of Scottish Ministers and others
- 8Duty to bring specific matters to attention of Scottish Ministers and others etc.
- 8ADuty to raise service concerns with certain bodies
- 9Duty to give advice
- 9ADuty to give advice: further provision
- 10Publishing information, guidance etc.
- 11Investigations
- 12Investigations: further provision
- 13Visits in relation to patients
- 14Interviews
- 15Medical examination
- 16Inspection etc. of records
- 17Duties of Scottish Ministers, local authorities and others as respects Commission
- 18Annual Report
- 19Statistical information
- 20Protection from actions of defamation
- Part 3: The Mental Health Tribunal for Scotland
- 21The Mental Health Tribunal for Scotland
- Part 4: Health Board and local authority functions
- Chapter 1: Health Board duties
- Approved medical practitioners
- 22Approved medical practitioners
- Services and accommodation: particular cases
- 23Provision of services and accommodation for certain patients under 18
- 24Services and accommodation for mothers
- Chapter 2: Local authority functions
- Provision of services
- 25Care and support services etc.
- 26Services designed to promote well-being and social development
- 27Assistance with travel
- Charging for services
- 28Services under sections 25 to 27: charging
- Relationship with general duties
- 29Relationship between duties under sections 25 to 27 and duties under Social Work (Scotland) Act 1968 and Children (Scotland) Act 1995
- Co-operation and assistance
- 30Co-operation with Health Boards and others
- 31Assistance from Health Boards and others
- Appointment of mental health officers
- 32Appointment of mental health officers
- Duty to inquire into individual cases
- 33Duty to inquire
- 34Inquiries under section 33: co-operation
- 35Inquiries under section 33: warrants
- Part 5: Emergency detention
- Emergency detention certificate
- 36Emergency detention in hospital
- 37Notification by medical practitioner
- Duties on hospital managers
- 38Duties on hospital managers: examination, notification etc.
- Revocation of certificate
- 39Approved medical practitioner’s duty to revoke emergency detention certificate
- 40Revocation of emergency detention certificate: notification
- Suspension of authority to detain
- 41Suspension of authority to detain
- 42Certificate under section 41: revocation
- Effect of emergency detention certificate on certain orders
- 43Effect of emergency detention certificate on certain orders
- Part 6: Short-term detention
- Short-term detention certificate
- 44Short-term detention in hospital
- 45Mental health officer’s duty to interview patient etc.
- Duties on hospital managers
- 46Hospital managers' duties: notification
- Extension certificate
- 47Extension of detention pending application for compulsory treatment order
- 48Extension certificate: notification
- Revocation of certificates
- 49Responsible medical officer’s duty to review continuing need for detention
- 50Patient’s right to apply for revocation of short-term detention certificate or extension certificate etc.
- 51Commission’s power to revoke short-term detention certificate or extension certificate
- 52Revocation of short-term detention certificate or extension certificate: notification
- Suspension of detention
- 53Suspension of measure authorising detention
- 54Certificate under section 53: revocation
- Effect of short-term detention certificate on emergency detention certificate
- 55Effect of subsequent short-term detention certificate on emergency detention certificate
- Effect of short-term detention certificate etc. on certain orders
- 56Effect of short-term detention certificate etc. on certain orders
- Part 7: Compulsory treatment orders
- Chapter 1: Application for, and making of, orders
- Pre-application procedures
- 57Mental health officer’s duty to apply for compulsory treatment order
- 58Medical examination: requirements
- 59Mental health officer’s duty to identify named person
- 60Application for compulsory treatment order: notification
- 61Mental health officer’s duty to prepare report
- 62Mental health officer’s duty to prepare proposed care plan
- Application for order
- 63Application for compulsory treatment order
- Making of order etc.
- 64Powers of Tribunal on application under section 63: compulsory treatment order
- 65Powers of Tribunal on application under section 63: interim compulsory treatment order
- 66Measures that may be authorised
- 67Order authorising detention: ancillary authorisation
- Extension of short-term detention: special case
- 68Extension of short-term detention pending determination of application
- Time limit for Tribunal’s determination: special case
- 69Time limit for determining application etc. where section 68 applies
- Effect of making of orders on short-term detention
- 70Effect of subsequent order on short-term detention certificate
- Application of Chapter where patient subject to hospital direction or transfer for treatment direction
- 71Application of Chapter where patient subject to hospital direction or transfer for treatment direction
- 71ACompulsory treatment in hospital unit
- Chapter 2: Interim compulsory treatment orders: review and revocation
- 72Interim compulsory treatment order: responsible medical officer’s duty to keep under review
- 73Commission’s power to revoke interim compulsory treatment order
- 74Revocation under section 72 or 73: notification
- 75Effect of subsequent compulsory treatment order on interim compulsory treatment order
- Chapter 3: Compulsory treatment orders: care plan
- 76Care plan: preparation, placing in medical records etc.
- Chapter 4: Review of orders
- Mandatory reviews by responsible medical officer
- 77First mandatory review
- 78Further mandatory reviews
- Revocation of order by responsible medical officer or Commission
- 79Responsible medical officer’s duty to revoke order: mandatory reviews
- 80Revocation of order: responsible medical officer’s duty to keep under review
- 81Commission’s power to revoke order
- 82Revocation of order: notification
- Further steps to be taken where order not revoked
- 83Mandatory reviews: further steps to be taken where order not revoked
- Extension of order by responsible medical officer
- 84Responsible medical officer’s duty where extension of order appears appropriate
- 85Mental health officer’s duties: extension of order
- 86Responsible medical officer’s duty to extend order
- 87Determination extending order: notification etc.
- 87AFurther information where order extended
- Extension and variation of order: application by responsible medical officer
- 88Responsible medical officer’s duty where extension and variation of order appear appropriate
- 89Mental health officer’s duties: extension and variation of order
- 90Responsible medical officer’s duty to apply for extension and variation of order
- 91Application for extension and variation of order: notification
- 92Application to Tribunal
- Variation of order: application by responsible medical officer
- 93Responsible medical officer’s duties: variation of order
- 94Application by responsible medical officer for variation of order: notification
- 95Application to Tribunal by responsible medical officer
- Recorded matters: reference to Tribunal by responsible medical officer
- 96Recorded matters: reference to Tribunal by responsible medical officer
- 97Reference to Tribunal under section 96(3): notification
- Reference to Tribunal by Commission
- 98Reference to Tribunal by Commission
- Applications by patient etc.
- 99Application by patient etc. for revocation of determination extending order
- 100Application by patient etc. for revocation or variation of order
- Review by Tribunal of determination extending order
- 101Tribunal’s duty to review determination under section 86
- Powers of Tribunal
- 102Powers of Tribunal on review under section 101
- 103Powers of Tribunal on application under section 92, 95, 99 or 100
- 104Powers of Tribunal on reference under section 96 or 98
- 105Interim extension etc. of order: application under section 92
- 106Interim variation of order: application, reference or review under Chapter
- 107Limit on Tribunal’s power to make interim orders
- 108Tribunal’s order varying compulsory treatment order
- 109Ancillary powers of Tribunal
- Effect of interim orders on calculation of time periods in Chapter
- 110Effect of interim orders on calculation of time periods in Chapter
- Meaning of “modify”
- 111Meaning of “modify”
- Chapter 5: Breach of orders
- Failure to attend for medical treatment
- 112Failure to attend for medical treatment
- Non-compliance generally with order
- 113Non-compliance generally with order
- 114Compulsory treatment order: detention pending review or application for variation
- 115Interim compulsory treatment order: detention pending further procedure
- 116Certificate under section 114(2) or 115(2): notification
- Revocation of certificates
- 117Certificate under section 114(2): responsible medical officer’s duty to revoke
- 118Certificate under section 115(2): responsible medical officer’s duty to revoke
- 119Revocation of certificate granted under section 114(2) or 115(2): notification
- 120Certificates under sections 114(2) and 115(2): patient’s right to apply to Tribunal
- Effect of section 113(5) on order
- 121Effect of section 113(5) on order
- Effect of certificate under section 114(2) on order
- 122Effect of certificate under section 114(2) on order
- Effect of certificate under section 115(2) on order
- 123Effect of certificate under section 115(2) on order
- Chapter 6: Transfers
- 124Transfer to other hospital
- 124ATransfer to other hospital unit
- 125Transfer to hospital other than state hospital: appeal to Tribunal
- 126Transfer to state hospital: appeal to Tribunal
- Chapter 7: Suspension
- 127Suspension of measure authorising detention
- 128Suspension of other measures
- 129Certificates under sections 127 and 128: revocation
- Part 8: Mentally disordered persons: criminal proceedings
- Chapter 1: Pre-sentence orders
- Assessment orders and treatment orders
- 130Mentally disordered persons subject to criminal proceedings: assessment and treatment
- Interim compulsion orders
- 131Mentally disordered offenders: interim compulsion orders
- Remand for inquiry into mental condition
- 132Remand for inquiry into mental condition: time-limit for appeals
- Chapter 2: Disposals on conviction and acquittal
- Compulsion orders
- 133Mentally disordered offenders: compulsion orders
- Urgent detention of acquitted persons
- 134Power of court to detain acquitted persons
- Probation with a requirement of treatment
- 135Amendment of 1995 Act: probation for treatment of mental disorder Repealed
- Chapter 3: Mentally disordered prisoners
- 136Transfer of prisoners for treatment for mental disorder
- Part 9: Compulsion orders
- Chapter 1: Duties following making of order
- 137Part 9 care plan
- 138Mental health officer’s duty to identify named person
- Chapter 2: Review of compulsion orders
- Mandatory reviews by responsible medical officer
- 139First review of compulsion order
- 140Further reviews of compulsion order
- Revocation of order by responsible medical officer or Commission
- 141Responsible medical officer’s duty to revoke compulsion order: mandatory reviews
- 142Revocation of compulsion order: responsible medical officer’s duty to keep under review
- 143Commission’s power to revoke compulsion order
- 144Revocation of compulsion order: notification
- Further steps to be taken where order not revoked
- 145Mandatory reviews: further steps to be taken where compulsion order not revoked
- Extension of order following first review
- 146First review: responsible medical officer’s duty where extension proposed
- 147Proposed extension on first review: mental health officer’s duties
- 148First review: responsible medical officer’s duty to apply for extension of compulsion order
- 149Application to Tribunal for extension of order following first review
- Extension of order following further review
- 150Further review: responsible medical officer’s duty where extension proposed
- 151Proposed extension of order on further review: mental health officer’s duties
- 152Further review: responsible medical officer’s duty to extend compulsion order
- 153Determination extending compulsion order: notification
- 153AFurther information on extension of compulsion order
- Extension and variation of order
- 154Responsible medical officer’s duty where extension and variation proposed
- 155Mental health officer’s duties: extension and variation of compulsion order
- 156Responsible medical officer’s duty to apply for extension and variation of compulsion order
- 157Application for extension and variation of compulsion order: notification
- 158Application to Tribunal for extension and variation of compulsion order
- Variation of order
- 159Responsible medical officer’s duties: variation of compulsion order
- 160Application for variation of compulsion order: notification
- 161Application to Tribunal by responsible medical officer
- Reference to Tribunal by Commission
- 162Commission’s power to make reference to Tribunal
- Applications to Tribunal by patient etc.
- 163Application to Tribunal by patient etc. for revocation of determination extending compulsion order
- 164Application to Tribunal by patient etc. for revocation or variation of compulsion order
- 164AApplication to end disclosure period for compulsion order
- Review by Tribunal of determination extending order
- 165Tribunal’s duty to review determination under section 152
- Powers of Tribunal
- 166Powers of Tribunal on review under section 165
- 167Powers of Tribunal on application under section 149, 158, 161, 163 or 164
- 167ADuties of Tribunal on application under section 164A
- 167BDuty to notify outcome of applications under section 164A
- 168Interim extension etc. of order: application under section 149or 158
- 169Interim variation of order following application, reference or review under Chapter
- 170Limit on power of Tribunal to make interim order
- 171Powers of Tribunal on reference under section 162
- 172Tribunal’s order varying compulsion order
- 173Applications to Tribunal: ancillary powers
- Effect of interim orders: calculation of time periods in Chapter
- 174Effect of interim orders: calculation of time periods in Chapter
- Meaning of “modify”
- 175Meaning of “modify”
- Chapter 3: Application of Chapters 5 to 7 of Part 7
- Breach of order
- 176Medical treatment: failure to attend
- 177Non-compliance generally with compulsion order
- Transfers
- 178Transfers
- Suspension of measures
- 179Suspension of measures
- Chapter 4: Interpretation of Part
- 180Interpretation of Part
- Part 10: Compulsion orders and restriction orders
- Chapter 1: Preliminary
- 181Mental health officer’s duty to identify named person
- Chapter 2: Review of orders
- Annual review of orders
- 182Review of compulsion order and restriction order
- Consequences of annual review
- 183Responsible medical officer’s report and recommendation following review of compulsion order and restriction order
- Responsible medical officer’s duty to keep orders under review
- 184Responsible medical officer’s duty to keep compulsion order and restriction order under review
- Reference to Tribunal by Scottish Ministers
- 185Duty of Scottish Ministers on receiving report from responsible medical officer
- 186Commission’s power to require Scottish Ministers to make reference to Tribunal
- 187Notice under section 186(2): reference to Tribunal
- Scottish Ministers' duty to keep orders under review
- 188Duty of Scottish Ministers to keep compulsion order and restriction order under review
- 189Reference to Tribunal by Scottish Ministers
- 190Application by Scottish Ministers: notification
- 191Application to Tribunal
- Application by patient etc.
- 192Application to Tribunal by patient and named person
- Proceedings before Tribunal
- 193Powers of Tribunal on reference under section 185(1), 187(2) or 189(2) or application under section 191 or 192(2)
- 194Tribunal’s powers etc. when varying compulsion order
- 195Deferral of conditional discharge
- Effect of modification or revocation of orders
- 196General effect of orders under section 193
- 197Effect of revocation of compulsion order
- 198Effect of revocation of restriction order
- Meaning of “modify”
- 199Meaning of “modify”
- Chapter 3: Conditional discharge
- 200Variation of conditions imposed on conditional discharge
- 201Appeal to Tribunal against variation of conditions imposed on conditional discharge
- 202Recall of patients from conditional discharge
- 203Effect of recall from conditional discharge
- 204Appeal to Tribunal against recall from conditional discharge
- Part 11: Hospital directions and transfer for treatment directions
- Preliminary
- 205Mental health officer’s duty to identify named person
- Review of directions
- 206Review of hospital direction and transfer for treatment direction
- Consequences of review
- 207Responsible medical officer’s report following review of direction
- Responsible medical officer’s duty to keep directions under review
- 208Responsible medical officer’s duty to keep directions under review
- Reference to Tribunal by Scottish Ministers
- 209Commission’s power to require Scottish Ministers to make reference to Tribunal
- 210Duty of Scottish Ministers on receiving report from responsible medical officer
- 211Notice under section 209(2): reference to Tribunal
- Scottish Ministers' duty to keep directions under review
- 212Duty of Scottish Ministers to keep directions under review
- 213Reference to Tribunal by Scottish Ministers
- Application by patient etc.
- 214Application to Tribunal by patient and named person
- Proceedings before Tribunal
- 215Powers of Tribunal on reference under section 210(3), 211(2) or 213(2) or on application under section 214(2)
- Effect of revocation of direction
- 216Effect of revocation of direction
- Termination of direction on release of patient
- 217Termination of hospital direction on release of patient
- Part 12: Parts 10 and 11: transfers
- 218Transfer of patients between hospitals
- 218ATransfer of patient from specified hospital unit
- 219Appeal to Tribunal against transfer under section 218 to hospital other than state hospital
- 220Appeal to Tribunal against transfer under section 218 to state hospital
- Part 13: Parts 8, 10 and 11: suspension
- Assessment orders
- 221Assessment order: suspension of measure authorising detention
- 222Certificate under section 221: revocation by responsible medical officer
- 223Certificate under section 221: revocation by Scottish Ministers
- Certain other orders and directions
- 224Patients subject to certain other orders and directions: suspension of measure authorising detention
- 225Certificate under section 224: revocation by responsible medical officer
- 226Certificate under section 224: revocation by Scottish Ministers
- Part 14: Assessment of needs
- 227Assessment of needs for community care services etc.
- 228Request for assessment of needs: duty on local authorities and Health Boards
- Part 15: Preliminary duties on making of orders etc.
- Designation of mental health officer
- 229Designation of mental health officer responsible for patient’s case
- Patient’s responsible medical officer
- 230Appointment of patient’s responsible medical officer
- Social circumstances reports
- 231Social circumstances report: mental health officer’s duties
- Meaning of “relevant event”
- 232Meaning of “relevant event”
- Part 16: Medical treatment
- Designated medical practitioners
- 233Designated medical practitioners
- Safeguards for certain surgical operations etc.
- 234Certain surgical operations etc.
- 235Treatment mentioned in section 234(2): patients capable of consenting
- 236Treatment mentioned in section 234(2): patients incapable of consenting
- Safeguards for other medical treatment
- 237Electro-convulsive therapy etc.
- 238Treatment mentioned in sections 237(3) and 240(3): patients capable of consenting and not refusing consent
- 239Treatment mentioned in section 237(3): patients incapable of consenting
- 240Treatments given over period of time etc.
- 241Treatment mentioned in section 240(3): patients refusing consent or incapable of consenting
- 242Treatment not mentioned in section 234(2), 237(3) or 240(3)
- Urgent medical treatment where patient detained in hospital
- 243Urgent medical treatment
- Additional safeguards for certain informal patients
- 244Scottish Ministers' power to make provision in relation to treatment for certain informal patients
- Supplementary
- 245Certificates under sections 235, 236, 239 and 241
- 246Certificates under section 238
- 247Scope of consent or certificate under sections 235, 236, 238, 239 and 241
- 248Sections 235, 236, 238, 239 and 241: review of treatment etc.
- Interpretation of Part
- 249Interpretation of Part
- Part 17: Patient representation etc.
- Chapter 1: Named person
- Meaning of “named person”
- 250Nomination of named person
- 251Named person where no person nominated or nominated person declines to act Repealed
- 252Named person in relation to child
- 253Declaration in relation to named person Repealed
- 254Meaning of “nearest relative”
- Mental health officer’s duties etc.
- 255Named person: mental health officer’s duties etc.
- Applications to Tribunal by patient etc.
- 256Named person: application by patient etc.
- Tribunal’s powers
- 257Named person: Tribunal’s powers
- Ability to act if no named person
- 257AAbility to act if no named person
- Interpretation of Chapter
- 258Interpretation of Chapter
- Chapter 2: Advocacy etc.
- Advocacy
- 259Advocacy
- 259AInformation gathering
- Information
- 260Provision of information to patient
- 261Provision of assistance to patient with communication difficulties
- 261AHelp with communication at medical examination etc.
- Access to medical practitioner
- 262Access to medical practitioner for purposes of medical examination
- 263Inspection of records by medical practitioner
- Chapter 3: Detention in conditions of excessive security
- State hospitals
- 264Detention in conditions of excessive security: state hospitals
- 265Order under section 264: further provision
- 266Order under section 265: further provision Repealed
- 267Order under section 264 or 265: recall
- Other hospitals
- 268Detention in conditions of excessive security: hospitals other than state hospitals
- 269Order under section 268: further provision
- 270Order under section 269: further provision Repealed
- 271Order under section 268 or 269: recall
- Process for orders: further provision
- 271ARegulation-making powers
- Enforcement: civil proceedings
- 272Proceedings for specific performance of statutory duty
- Interpretation of Chapter
- 273Interpretation of Chapter
- Part 18: Miscellaneous
- Code of practice
- 274Code of practice
- Advance statements
- 275Advance statements: making and withdrawal
- 276Advance statements: effect
- 276AAdvance statements to be put with medical records
- 276BAdvance statements to be registered by the Commission
- 276CPublicising support for making advance statements
- Education
- 277Education of persons who have mental disorder
- Parental relations
- 278Duty to mitigate adverse effect of compulsory measures on parental relations
- Research
- 279Information for research
- State hospitals
- 280Restriction of Scottish Ministers' power to delegate management of state hospitals
- Communications, security etc.
- 281Correspondence of certain persons detained in hospital
- 282Correspondence: supplementary
- 283Review of decision to withhold postal packet
- 284Certain persons detained in hospital: use of telephones
- 285Directions as to implementation of regulations under section 284(1)
- 286Safety and security in hospitals
- Information
- 287Scottish Ministers' power to require responsible medical officer to provide certain information
- Payments for expenses
- 288Payments to persons in hospital to meet personal expenses
- Cross-border transfer of patients
- 289Cross-border transfer: patients subject to requirement other than detention
- 290Cross-border transfer: patients subject to detention requirement or otherwise in hospital
- Informal patients
- 291Application to Tribunal in relation to unlawful detention
- Conflicts of interest to be avoided
- 291AConflicts of interest to be avoided
- Part 19: Entry, removal and detention powers
- Entry to premises
- 292Warrant to enter premises for purposes of taking patient
- Removal to place of safety
- 293Removal order
- 294Removal order: urgent application to justice of the peace
- 295Recall or variation of removal order
- 295ANotification of decision under section 293 or 295
- 296No appeal against decision under section 293 or 295
- 297Removal from public place
- 298Removal under section 297: further provision
- Detention pending medical examination
- 299Nurse’s power to detain pending medical examination
- Meaning of “place of safety”
- 300Meaning of “place of safety”
- Part 20: Absconding
- Absconding
- 301Absconding etc. by patients subject to compulsory treatment order
- 302Absconding etc. by other patients
- 303Taking into custody and return of absconding patients
- Effect of unauthorised absence
- 304Effect of unauthorised absence
- 305Effect of long unauthorised absence ending more than 14 days before expiry of compulsory treatment order
- 306Effect of unauthorised absence ending simultaneously with or within 14 days before expiry of compulsory treatment order
- 307Effect of unauthorised absence ending after expiry of compulsory treatment order
- 308Effect of unauthorised absence of patient subject to short-term detention certificate or certificate under section 114(2) or 115(2)
- Patients from other jurisdictions
- 309Patients from other jurisdictions
- 309ACross-border visits: leave of absence
- Absconding by certain other patients
- 310Regulations as to absconding by other patients
- Part 21: Offences
- 311Non-consensual sexual acts Repealed
- 312Offences under section 311: extended sentences Repealed
- 313Persons providing care services: sexual offences Repealed
- 314Notification requirements for offenders under sections 311 and 313 Repealed
- 315Ill-treatment and wilful neglect of mentally disordered person
- 316Inducing and assisting absconding etc.
- 317Obstruction
- 318False statements
- 319Time limit for summary proceedings for offences under sections 311 and 313 Repealed
- Part 22: Appeals
- 320Appeal to sheriff principal against certain decisions of the Tribunal
- 321Appeal to Court of Session against decisions of sheriff principal
- 322Appeal to Court of Session against certain decisions of the Tribunal
- 323Suspension of decision of Tribunal pending determination of certain appeals
- 324Appeals: general provisions
- Part 23: General
- 325Power to prescribe forms
- 326Orders, regulations and rules
- 327Directions
- 328Meaning of “mental disorder”
- 329Interpretation
- 330Supplementary provisions etc.
- 331Minor and consequential amendments, repeals and revocations
- 332Transitional provisions etc.
- 333Short title and commencement
- Schedule 1: The Mental Welfare Commission for Scotland
- Part 1: Membership, proceedings etc.
- Status
- 1Paragraph 1
- General powers
- 2Paragraph 2
- Membership
- 2AParagraph 2A
- 2BParagraph 2B
- Terms of appointment etc.
- 2CParagraph 2C
- Removal of members
- 2DParagraph 2D
- Disqualification from membership
- 2EParagraph 2E
- Membership
- 3Paragraph 3 Repealed
- Terms of office etc.
- 4Paragraph 4 Repealed
- Eligibility for reappointment
- 5Paragraph 5 Repealed
- Remuneration, pensions, allowances etc.
- 6Paragraph 6
- Appointment etc. of chief executive and other staff
- 7Paragraph 7
- Commission Visitors
- 7AParagraph 7A
- Commission Visitors: further provision
- 7BParagraph 7B
- Medical Visitors
- 7CParagraph 7C
- Committees
- 7DParagraph 7D
- Procedure and meetings
- 7EParagraph 7E
- Exercise of certain functions etc.
- 7FParagraph 7F
- Delegation of functions
- 7GParagraph 7G
- Mandatory delegation of functions to chief executive
- 7HParagraph 7H
- Location of office
- 7IParagraph 7I
- Regulations as to proceedings and delegation of functions
- 8Paragraph 8 Repealed
- Accounts
- 9Paragraph 9
- Part 2: Transitional provision
- 10Paragraph 10
- Transitional provision: first chief executive
- 10AParagraph 10A
- Transitional provision: Commissioners
- 10BParagraph 10B
- Schedule 1A: National Confidential Forum Repealed
- Part 1: Members of NCF etc. Repealed
- Membership Repealed
- 1Paragraph 1 Repealed
- Membership selection panel Repealed
- 2Paragraph 2 Repealed
- NCF staff Repealed
- 3Paragraph 3 Repealed
- NCF powers and procedure Repealed
- 4Paragraph 4 Repealed
- Application of schedule 1 to NCF Repealed
- 5Paragraph 5 Repealed
- Part 2: Delegation of functions Repealed
- Delegation by NCF Repealed
- 6Paragraph 6 Repealed
- Part 3: Eligibility to participate in forum Repealed
- Eligibility Repealed
- 7Paragraph 7 Repealed
- Part 4: Conduct of hearings etc. Repealed
- Testimony given to NCF Repealed
- 8Paragraph 8 Repealed
- Recording of testimony Repealed
- 9Paragraph 9 Repealed
- Payment of expenses Repealed
- 10Paragraph 10 Repealed
- Part 5: Reporting Repealed
- Reports by NCF Repealed
- 11Paragraph 11 Repealed
- Annual NCF reports Repealed
- 12Paragraph 12 Repealed
- Part: Confidentiality Repealed
- Disclosure of information Repealed
- 13Paragraph 13 Repealed
- Part 7: General Repealed
- 14Paragraph 14 Repealed
- Schedule 2: The Mental Health Tribunal for Scotland
- Part 1: Members of the Tribunal etc.
- Members
- 1Paragraph 1
- Shrieval panel
- 2Paragraph 2
- The President
- 3Paragraph 3
- Terms of office etc.
- 4Paragraph 4
- 5Paragraph 5
- Remuneration and pensions etc.
- 6Paragraph 6
- Part 2: Organisation and administration of the Tribunal
- Organisation and administration of the functions of the Tribunal
- 7Paragraph 7
- Staff and accommodation
- 8Paragraph 8
- Finance
- 9Paragraph 9
- Part 3: Tribunal procedure
- Rules
- 10Paragraph 10
- Practice directions
- 11Paragraph 11
- Evidence
- 12Paragraph 12
- Decisions of the Tribunal
- 13Paragraph 13
- Withdrawn applications to be disregarded for certain purposes
- 13AParagraph 13A Repealed
- Part 4: Reports, information etc.
- Annual report
- 14Paragraph 14
- Disclosure of information
- 15Paragraph 15
- Allowances etc. for attendance at hearings of the Tribunal and preparation of reports
- 16Paragraph 16
- Schedule 3: Application of Chapter 1 of Part 7 to certain patients
- 1Paragraph 1
- 1AParagraph 1A
- 2Paragraph 2
- 3Paragraph 3
- Schedule 4: Minor and consequential amendments
- The Social Work (Scotland) Act 1968 (c.49)
- 1Paragraph 1
- The Local Government (Scotland) Act 1973 (c.65)
- 2Paragraph 2
- The National Health Service (Scotland) Act 1978 (c.29)
- 3Paragraph 3
- The Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33)
- 4Paragraph 4
- The Tribunals and Inquiries Act 1992 (c.53)
- 5Paragraph 5
- The Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9)
- 6Paragraph 6
- The Children (Scotland) Act 1995 (c.36)
- 7Paragraph 7
- The Criminal Procedure (Scotland) Act 1995 (c.46)
- 8Paragraph 8
- The Adults with Incapacity (Scotland) Act 2000 (asp 4)
- 9Paragraph 9
- The Regulation of Care (Scotland) Act 2001 (asp 8)
- 10Paragraph 10
- The Housing (Scotland) Act 2001 (asp 10)
- 11Paragraph 11
- The Community Care and Health (Scotland) Act 2002 (asp 5)
- 12Paragraph 12
- The Scottish Public Services Ombudsman Act 2002 (asp 11)
- 13Paragraph 13
- Schedule 5: Repeals and revocations
- 1Repeals
- 2Revocations
- Schedule 6: Transitory amendments of the Mental Health (Scotland) Act 1984
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4