{
  "url": "https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003/section-315",
  "json_url": "https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003/section-315.json",
  "legislation": "asp/2003/13",
  "legislation_title": "Mental Health (Care and Treatment) (Scotland) Act 2003",
  "legislation_url": "https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003",
  "path": "section/315",
  "kind": "section",
  "number": "315",
  "heading": "Ill-treatment and wilful neglect of mentally disordered person",
  "text": "(1) This section applies to a person (a “relevant person”) who—\n(a) is an individual employed in, or contracted to provide services in or to, a hospital;\n(b) not being the Scottish Ministers, is a manager of a hospital;\n(c) provides care services; or\n(d) is an individual who, otherwise than—\n(i) by virtue of a contract of employment or other contract with any person; or\n(ii) as a volunteer for a voluntary organisation,\nprovides care or treatment.\n(2) A relevant person who—\n(a) whether under this Act or otherwise—\n(i) is providing care or treatment; or\n(ii) purports to provide care or treatment,\nto a patient; and\n(b) ill-treats, or wilfully neglects, that patient,\nshall be guilty of an offence.\n(3) A person guilty of an offence under subsection (2) above shall be liable—\n(a) on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or to both;\n(b) on conviction on indictment to imprisonment for a term not exceeding 5 years or to a fine or to both.\n(4) In subsection 1(c), “provides care services” means anything done—\n(a) by a care service,\n(b) by an employee of a care service, or\n(c) in the course of a service provided or supplied by a care service,\nwhether by virtue of a contract of employment or any other contract or in circumstances as may be prescribed by regulations.\n(5) For the purposes of subsection (4), “care service” means a service mentioned in section 47(1)(a), (b), (d), (f), (g), (j) or (m) of the Public Services Reform (Scotland) Act 2010.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in s. 315(3)(b) substituted (1.10.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 32(a), 36(2); S.S.I. 2017/294, reg. 2, sch."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "S. 315(4) substituted (1.10.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 32(b), 36(2); S.S.I. 2017/294, reg. 2, sch."
    },
    {
      "type": "F",
      "label": "F3",
      "text": "S. 315(5) inserted (1.10.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 32(c), 36(2); S.S.I. 2017/294, reg. 2, sch."
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 315 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2003/13/section/315",
    "retrieved_at": "2026-10-29T20:16:46.625109+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}