Explanatory note

The Mental Health (Care and Treatment) (Scotland) Act 2003 (“the Act”) provides that the persons mentioned in section 17(2) of the Act shall provide to the Mental Welfare Commission for Scotland (“the Commission”), or a person authorised by the Commission, all facilities necessary to enable the Commission, or the authorised person, to discharge their functions under the Act.

The Scottish Ministers are empowered, under section 17(2)(k) of the Act, to prescribe persons, in addition to those already mentioned in section 17(2) of the Act, who must provide the Commission, or an authorised person with such necessary facilities. These Regulations prescribe those additional persons.

Regulation 2 prescribes those additional persons as any persons who provide a Health Board, a Special Health Board or a local authority with services in connection with any of the functions of those bodies under the Act under contract or by arrangement.