# Mental Health (Care and Treatment) (Scotland) Act 2003, Section 328: Meaning of “mental disorder”


(1) Subject to subsection (2) below, in this Act “mental disorder” means any—
(a) mental illness;
(b) personality disorder; or
(c) learning disability,
however caused or manifested; and cognate expressions shall be construed accordingly.
(2) A person is not mentally disordered by reason only of any of the following—
(a) sexual orientation;
(b) sexual deviancy;
(c) transsexualism;
(d) transvestism;
(e) dependence on, or use of, alcohol or drugs;
(f) behaviour that causes, or is likely to cause, harassment, alarm or distress to any other person;
(g) acting as no prudent person would act.

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Source: https://www.legislation.gov.uk/asp/2003/13/section/328 (the official version)
Page: https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003/section-328
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.