OpenLegislation

Mental Health (Scotland) Act 1984 in England

1984 c. 36 · Enacted 12 July 1984 · Extends to United Kingdom

Not fully up to date. 5 changes made by later legislation have not yet been written into this text, which is revised to 5 October 2005.

See the changes not yet applied
ProvisionChangeMade by
s. 125(1)words substitutedAdults with Incapacity (Scotland) Act 2000 Sch. 5 para. 17(24)(a)
s. 125(1)words insertedAdults with Incapacity (Scotland) Act 2000 Sch. 5 para. 17(24)(b)
s. 8(5)substitutedNationality, Immigration and Asylum Act 2002 s. 46(5)
s. 7(4)substitutedNationality, Immigration and Asylum Act 2002 s. 46(4)
specified amended provision(s)Commencement OrderConstitutional Reform Act 2005 (Commencement No. 11) 2009 art. 2

Contents

  1. 4Proceedings and evidence at enquiries under section 3. Repealed
  2. 5ADuties in relation to private hospitals Repealed
  3. Part III: Local Authority Services
  4. 10Welfare of certain hospital patients.
  5. Part V: Admission to and Detention in Hospital and Guardianship Repealed
  6. 23Rectification of application and recommendations: hospital. Repealed
  7. 25Detention of patients already in hospital. Repealed
  8. Care and treatment of patients: hospital Repealed
  9. 28Return and re-admission of patients absent without leave: hospital. Repealed
  10. Duration of authority for detention and discharge of patients: hospital Repealed
  11. 32Special provisions as to patients sentenced to imprisonment etc.: hospital. Repealed
  12. 35ACommunity care orders. Repealed
  13. 35FAppeal against community care order. Repealed
  14. 35HReassessment: further provisions. Repealed
  15. 35JPatients in custody or admitted to hospital in pursuance of emergency recommendations. Repealed
  16. 35KPatients moving from England and Wales to Scotland. Repealed
  17. 56Appointment by sheriff of acting nearest relative. Repealed
  18. 58Regulations for purposes of Part V. Repealed
  19. Part VI: Detention of Patients concerned in Criminal Proceedings etc. and Transfer of Patients under Sentence Repealed
  20. Provisions for compulsory detention and guardianship of patients charged with offences et ceteralaetc. Repealed
  21. 68Powers of Secretary of State in respect of patients subject to restriction orders. Repealed
  22. 71AFurther provision as to persons removed to hospital under section 71. Repealed
  23. Part VII: Removal and Return of Patients within United Kingdom etc. Repealed
  24. Removal to and from England and Wales Repealed
  25. 77Removal of patients to England and Wales. Repealed
  26. 77ATransfer of responsibility for patients to England and Wales. Repealed
  27. 78Position of nearest relative on removal to England and Wales. Repealed
  28. 80ATransfer of responsibility for patients to Northern Ireland. Repealed
  29. 81Removal to Scotland of patients from Northern Ireland. Repealed
  30. 81ATransfer of responsibility for patients to Scotland from Northern Ireland. Repealed
  31. Other provisions as to removal Repealed
  32. 82AResponsibility for patients transferred from Channel Islands or Isle of Man to Scotland. Repealed
  33. 82BTransfer of responsibility for patients to Channel Islands or Isle of Man. Repealed
  34. Return of patients absent without leave Repealed
  35. 84Patients absent from hospitals in Scotland. Repealed
  36. 86Regulations for purposes of Part VII. Repealed
  37. 89Interpretation of Part VII. Repealed
  38. 97Treatment requiring consent and a second opinion. Repealed
  39. 98Treatment requiring consent or a second opinion. Repealed
  40. 100Plans of treatment. Repealed
  41. 101Withdrawal of consent. Repealed
  42. 102Urgent treatment. Repealed
  43. 103Treatment not requiring consent. Repealed
  44. Part XI: Miscellaneous and General
  45. Offences Repealed
  46. 108Assisting patients to absent themselves without leave etc. Repealed
  47. 114Provision for personal expenses of in-patients in hospital. Repealed
  48. 116Review of decision to withhold postal packet. Repealed
  49. 117Entry on premises and warrant to search for and remove patients. Repealed
  50. 118Mentally disordered persons found in public places. Repealed
  51. Supplementary
  52. 120Provisions as to custody, conveyance and detention. Repealed
  53. 121Retaking of patients escaping from custody. Repealed
  54. 121AWarrants for arrest of escaped mental patients. Repealed
  55. 122Protection for acts done in pursuance of this Act. Repealed
  56. 125Interpretation. Repealed
  57. 127Consequential and transitional provisions and repeals. Repealed
  58. 130Short title and commencement.
  59. Part I Repealed
  60. Constitution Repealed
  61. 1Paragraph 1 Repealed
  62. 2Paragraph 2 Repealed
  63. 3Paragraph 3 Repealed
  64. 4Paragraph 4 Repealed
  65. 5Paragraph 5 Repealed
  66. Part II Repealed
  67. Supplementary Provisions Repealed
  68. 6Paragraph 6 Repealed
  69. 7Paragraph 7 Repealed
  70. 8Paragraph 8 Repealed
  71. Schedule 2: Application of Provisions of Part V to Patients Subject to Hospital or Guardianship Orders Repealed
  72. Part I: Hospital Order Without Restriction Order (Section 60(1)); Transfer From Prison Without Restriction (Section 71). Repealed
  73. 1Paragraph 1 Repealed
  74. 2Paragraph 2 Repealed
  75. 3Paragraph 3 Repealed
  76. 4Paragraph 4 Repealed
  77. 5Paragraph 5 Repealed
  78. 6Paragraph 6 Repealed
  79. 8Paragraph 8 Repealed
  80. 8AParagraph 8A Repealed
  81. 9Paragraph 9 Repealed
  82. Part II: Hospital Order with Restriction Order, (Section 62) and Orders or Directions having the Like Effect (Sections 69, 70 and 72). Repealed
  83. 1Paragraph 1 Repealed
  84. 2Paragraph 2 Repealed
  85. 3Paragraph 3 Repealed
  86. 5Paragraph 5 Repealed
  87. 7Paragraph 7 Repealed
  88. 8Paragraph 8 Repealed
  89. Part III: Guardianship Order (Section 61(2)) Repealed
  90. 2Paragraph 2 Repealed
  91. 3Paragraph 3 Repealed
  92. 4Paragraph 4 Repealed
  93. 5Paragraph 5 Repealed
  94. 6Paragraph 6 Repealed
  95. 7Paragraph 7 Repealed
  96. 8Paragraph 8 Repealed
  97. 9Paragraph 9 Repealed
  98. The Improvement of Land Act 1864 (c. 114) Repealed
  99. 1Paragraph 1 Repealed
  100. The Colonial Prisoners Removal Act 1884 (c. 31) Repealed
  101. 2Paragraph 2 Repealed
  102. Nursing Homes Registration (Scotland) Act 1938 (c. 73) Repealed
  103. The Polish Resettlement Act 1947 (c. 19) Repealed
  104. 4Paragraph 4 Repealed
  105. The Army Act 1955 (c. 18) Repealed
  106. 5Paragraph 5 Repealed
  107. The Air Force Act 1955 (c. 19) Repealed
  108. 6Paragraph 6 Repealed
  109. The Naval Discipline Act 1957 (c. 53) Repealed
  110. 7Paragraph 7 Repealed
  111. Local Government (Scotland) Act 1966 (c. 51) Repealed
  112. 8Paragraph 8 Repealed
  113. The Criminal Justice Act 1967 (c. 80) Repealed
  114. 9Paragraph 9 Repealed
  115. The Courts-Martial (Appeals) Act 1968 (c. 20) Repealed
  116. 10Paragraph 10 Repealed
  117. 11Paragraph 11 Repealed
  118. 12Paragraph 12 Repealed
  119. 13Paragraph 13 Repealed
  120. The Social Work (Scotland) Act 1968 (c. 49) Repealed
  121. 14Paragraph 14 Repealed
  122. 15Paragraph 15 Repealed
  123. 16Paragraph 16 Repealed
  124. 17Paragraph 17 Repealed
  125. The Local Authority Social Services Act 1970 (c. 42) Repealed
  126. 18Paragraph 18 Repealed
  127. Chronically Sick and Disabled Persons Act 1970 (c. 44) Repealed
  128. 19Paragraph 19 Repealed
  129. The Guardianship Act 1973 (c. 29) Repealed
  130. 20Paragraph 20 Repealed
  131. Local Government (Scotland) Act 1973 (c. 65) Repealed
  132. 21Paragraph 21 Repealed
  133. The Rehabilitation of Offenders Act 1974 (c. 53) Repealed
  134. 22Paragraph 22 Repealed
  135. The Criminal Procedure (Scotland) Act 1975 (c. 21) Repealed
  136. 23Paragraph 23 Repealed
  137. 24Paragraph 24 Repealed
  138. 25Paragraph 25 Repealed
  139. 26Paragraph 26 Repealed
  140. 27Paragraph 27 Repealed
  141. 28Paragraph 28 Repealed
  142. 29Paragraph 29 Repealed
  143. 30Paragraph 30 Repealed
  144. 31Paragraph 31 Repealed
  145. 32Paragraph 32 Repealed
  146. 33Paragraph 33 Repealed
  147. 34Paragraph 34 Repealed
  148. 35Paragraph 35 Repealed
  149. 36Paragraph 36 Repealed
  150. 37Paragraph 37 Repealed
  151. The Adoption (Scotland) Act 1978 (c. 28) Repealed
  152. 38Paragraph 38 Repealed
  153. The National Health Service (Scotland) Act 1978 (c. 29) Repealed
  154. 39Paragraph 39 Repealed
  155. 40Paragraph 40 Repealed
  156. 41Paragraph 41 Repealed
  157. The Child Care Act 1980 (c. 5) Repealed
  158. 43Paragraph 43 Repealed
  159. The Reserve Forces Act 1980 (c. 9) Repealed
  160. 44Paragraph 44 Repealed
  161. The Concessionary Travel for Handicapped Persons (Scotland) Act 1980 (c. 29) Repealed
  162. 45Paragraph 45 Repealed
  163. Solicitors (Scotland) Act 1980 (c. 46) Repealed
  164. 46Paragraph 46 Repealed
  165. Tenants’ Rights, Etc. (Scotland) Act 1980 (c. 52) Repealed
  166. 47Paragraph 47 Repealed
  167. The Contempt of Court Act 1981 (c. 49) Repealed
  168. 48Paragraph 48 Repealed
  169. The Mental Health Act 1983 (c. 20) Repealed
  170. 49Paragraph 49 Repealed
  171. 50Paragraph 50 Repealed
  172. 51Paragraph 51 Repealed
  173. 52Paragraph 52 Repealed
  174. 53Paragraph 53 Repealed
  175. 54Paragraph 54 Repealed
  176. 55Paragraph 55 Repealed
  177. 56Paragraph 56 Repealed
  178. 1Paragraph 1 Repealed
  179. 2Paragraph 2 Repealed
  180. 3Paragraph 3 Repealed
  181. 4Paragraph 4 Repealed
  182. 5Paragraph 5 Repealed
  183. 6Paragraph 6 Repealed
  184. 7Paragraph 7 Repealed
  185. 8Paragraph 8 Repealed
  186. 9Paragraph 9 Repealed
  187. 10Paragraph 10 Repealed
  188. 11Paragraph 11 Repealed
  189. 12Paragraph 12 Repealed
  190. 13Paragraph 13 Repealed
  191. Schedule 5Repeals Repealed