Mental Health (Care and Treatment) (Scotland) Act 2003

1. Introductory Text

2. Part 1 Introductory

   1. 1. Principles for discharging certain functions

   2. 2. Welfare of the child

   3. 3. Equal opportunities

3. Part 2 The Mental Welfare Commission for Scotland

   1. Continued existence of Commission

      1. 4. The Mental Welfare Commission for Scotland

   2. Commission Visitors

      1. 4A. Commission Visitors

   3. General duties

      1. 5. Duty to monitor operation of Act and promote best practice

      2. 6. Reporting on operation of Act

   4. Particular functions

      1. 7. Duty to bring matters generally to attention of Scottish Ministers and others

      2. 8. Duty to bring specific matters to attention of Scottish Ministers and others etc.

      3. 8A. Duty to raise service concerns with certain bodies

      4. 9. Duty to give advice

      5. 9A. Duty to give advice: further provision

      6. 10. Publishing information, guidance etc.

      7. 11. Investigations

      8. 12. Investigations: further provision

      9. 13. Visits in relation to patients

      10. 14. Interviews

      11. 15. Medical examination

      12. 16. Inspection etc. of records

      13. 17. Duties of Scottish Ministers, local authorities and others as respects Commission

      14. 18. Annual Report

      15. 19. Statistical information

      16. 20. Protection from actions of defamation

4. Part 3 The Mental Health Tribunal for Scotland

   1. 21. The Mental Health Tribunal for Scotland

5. Part 4 Health Board and local authority functions

   1. Chapter 1 Health Board duties

      1. Approved medical practitioners

         1. 22. Approved medical practitioners

      2. Services and accommodation: particular cases

         1. 23. Provision of services and accommodation for certain patients under 18

         2. 24. Provision of services and accommodation for certain mothers with post-natal depression

   2. Chapter 2 Local authority functions

      1. Provision of services

         1. 25. Care and support services etc.

         2. 26. Services designed to promote well-being and social development

         3. 27. Assistance with travel

      2. Charging for services

         1. 28. Services under sections 25 to 27: charging

      3. Relationship with general duties

         1. 29. Relationship between duties under sections 25 to 27 and duties under Social Work (Scotland) Act 1968 and Children (Scotland) Act 1995

      4. Co-operation and assistance

         1. 30. Co-operation with Health Boards and others

         2. 31. Assistance from Health Boards and others

      5. Appointment of mental health officers

         1. 32. Appointment of mental health officers

      6. Duty to inquire into individual cases

         1. 33. Duty to inquire

         2. 34. Inquiries under section 33: co-operation

         3. 35. Inquiries under section 33: warrants

6. Part 5 Emergency detention

   1. Emergency detention certificate

      1. 36. Emergency detention in hospital

      2. 37. Notification by medical practitioner

   2. Duties on hospital managers

      1. 38. Duties on hospital managers: examination, notification etc.

   3. Revocation of certificate

      1. 39. Approved medical practitioner’s duty to revoke emergency detention certificate

      2. 40. Revocation of emergency detention certificate: notification

   4. Suspension of authority to detain

      1. 41. Suspension of authority to detain

      2. 42. Certificate under section 41: revocation

   5. Effect of emergency detention certificate on compulsory treatment order

      1. 43. Effect of subsequent emergency detention certificate on compulsory treatment order

7. Part 6 Short-term detention

   1. Short-term detention certificate

      1. 44. Short-term detention in hospital

      2. 45. Mental health officer’s duty to interview patient etc.

   2. Duties on hospital managers

      1. 46. Hospital managers' duties: notification

   3. Extension certificate

      1. 47. Extension of detention pending application for compulsory treatment order

      2. 48. Extension certificate: notification

   4. Revocation of certificates

      1. 49. Responsible medical officer’s duty to review continuing need for detention

      2. 50. Patient’s right to apply for revocation of short-term detention certificate or extension certificate etc.

      3. 51. Commission’s power to revoke short-term detention certificate or extension certificate

      4. 52. Revocation of short-term detention certificate or extension certificate: notification

   5. Suspension of detention

      1. 53. Suspension of measure authorising detention

      2. 54. Certificate under section 53: revocation

   6. Effect of short-term detention certificate on emergency detention certificate

      1. 55. Effect of subsequent short-term detention certificate on emergency detention certificate

   7. Effect of short-term detention certificate on compulsory treatment order

      1. 56. Effect of subsequent short-term detention certificate on compulsory treatment order

8. Part 7 Compulsory treatment orders

   1. Chapter 1 Application for, and making of, orders

      1. Pre-application procedures

         1. 57. Mental health officer’s duty to apply for compulsory treatment order

         2. 58. Medical examination: requirements

         3. 59. Mental health officer’s duty to identify named person

         4. 60. Application for compulsory treatment order: notification

         5. 61. Mental health officer’s duty to prepare report

         6. 62. Mental health officer’s duty to prepare proposed care plan

      2. Application for order

         1. 63. Application for compulsory treatment order

      3. Making of order etc.

         1. 64. Powers of Tribunal on application under section 63: compulsory treatment order

         2. 65. Powers of Tribunal on application under section 63: interim compulsory treatment order

         3. 66. Measures that may be authorised

         4. 67. Order authorising detention: ancillary authorisation

      4. Extension of short-term detention: special case

         1. 68. Extension of short-term detention pending determination of application

      5. Time limit for Tribunal’s determination: special case

         1. 69. Time limit for determining application etc. where section 68 applies

      6. Effect of making of orders on short-term detention

         1. 70. Effect of subsequent order on short-term detention certificate

      7. Application of Chapter where patient subject to hospital direction or transfer for treatment direction

         1. 71. Application of Chapter where patient subject to hospital direction or transfer for treatment direction

   2. Chapter 2 Interim compulsory treatment orders: review and revocation

      1. 72. Interim compulsory treatment order: responsible medical officer’s duty to keep under review

      2. 73. Commission’s power to revoke interim compulsory treatment order

      3. 74. Revocation under section 72 or 73: notification

      4. 75. Effect of subsequent compulsory treatment order on interim compulsory treatment order

   3. Chapter 3 Compulsory treatment orders: care plan

      1. 76. Care plan: preparation, placing in medical records etc.

   4. Chapter 4 Review of orders

      1. Mandatory reviews by responsible medical officer

         1. 77. First mandatory review

         2. 78. Further mandatory reviews

      2. Revocation of order by responsible medical officer or Commission

         1. 79. Responsible medical officer’s duty to revoke order: mandatory reviews

         2. 80. Revocation of order: responsible medical officer’s duty to keep under review

         3. 81. Commission’s power to revoke order

         4. 82. Revocation of order: notification

      3. Further steps to be taken where order not revoked

         1. 83. Mandatory reviews: further steps to be taken where order not revoked

      4. Extension of order by responsible medical officer

         1. 84. Responsible medical officer’s duty where extension of order appears appropriate

         2. 85. Mental health officer’s duties: extension of order

         3. 86. Responsible medical officer’s duty to extend order

         4. 87. Determination extending order: notification etc.

      5. Extension and variation of order: application by responsible medical officer

         1. 88. Responsible medical officer’s duty where extension and variation of order appear appropriate

         2. 89. Mental health officer’s duties: extension and variation of order

         3. 90. Responsible medical officer’s duty to apply for extension and variation of order

         4. 91. Application for extension and variation of order: notification

         5. 92. Application to Tribunal

      6. Variation of order: application by responsible medical officer

         1. 93. Responsible medical officer’s duties: variation of order

         2. 94. Application by responsible medical officer for variation of order: notification

         3. 95. Application to Tribunal by responsible medical officer

      7. Recorded matters: reference to Tribunal by responsible medical officer

         1. 96. Recorded matters: reference to Tribunal by responsible medical officer

         2. 97. Reference to Tribunal under section 96(3): notification

      8. Reference to Tribunal by Commission

         1. 98. Reference to Tribunal by Commission

      9. Applications by patient etc.

         1. 99. Application by patient etc. for revocation of determination extending order

         2. 100. Application by patient etc. for revocation or variation of order

      10. Review by Tribunal of determination extending order

          1. 101. Tribunal’s duty to review determination under section 86

      11. Powers of Tribunal

          1. 102. Powers of Tribunal on review under section 101

          2. 103. Powers of Tribunal on application under section 92, 95, 99 or 100

          3. 104. Powers of Tribunal on reference under section 96 or 98

          4. 105. Interim extension etc. of order: application under section 92

          5. 106. Interim variation of order: application, reference or review under Chapter

          6. 107. Limit on Tribunal’s power to make interim orders

          7. 108. Tribunal’s order varying compulsory treatment order

          8. 109. Ancillary powers of Tribunal

      12. Effect of interim orders on calculation of time periods in Chapter

          1. 110. Effect of interim orders on calculation of time periods in Chapter

      13. Meaning of “modify”

          1. 111. Meaning of “modify”

   5. Chapter 5 Breach of orders

      1. Failure to attend for medical treatment

         1. 112. Failure to attend for medical treatment

      2. Non-compliance generally with order

         1. 113. Non-compliance generally with order

         2. 114. Compulsory treatment order: detention pending review or application for variation

         3. 115. Interim compulsory treatment order: detention pending further procedure

         4. 116. Certificate under section 114(2) or 115(2): notification

      3. Revocation of certificates

         1. 117. Certificate under section 114(2): responsible medical officer’s duty to revoke

         2. 118. Certificate under section 115(2): responsible medical officer’s duty to revoke

         3. 119. Revocation of certificate granted under section 114(2) or 115(2): notification

         4. 120. Certificates under sections 114(2) and 115(2): patient’s right to apply to Tribunal

      4. Effect of section 113(5) on order

         1. 121. Effect of section 113(5) on order

      5. Effect of certificate under section 114(2) on order

         1. 122. Effect of certificate under section 114(2) on order

      6. Effect of certificate under section 115(2) on order

         1. 123. Effect of certificate under section 115(2) on order

   6. Chapter 6 Transfers

      1. 124. Transfer to other hospital

      2. 125. Transfer to hospital other than state hospital: appeal to Tribunal

      3. 126. Transfer to state hospital: appeal to Tribunal

   7. Chapter 7 Suspension

      1. 127. Suspension of measure authorising detention

      2. 128. Suspension of other measures

      3. 129. Certificates under sections 127 and 128: revocation

9. Part 8 Mentally disordered persons: criminal proceedings

   1. Chapter 1 Pre-sentence orders

      1. Assessment orders and treatment orders

         1. 130. Mentally disordered persons subject to criminal proceedings: assessment and treatment

      2. Interim compulsion orders

         1. 131. Mentally disordered offenders: interim compulsion orders

      3. Remand for inquiry into mental condition

         1. 132. Remand for inquiry into mental condition: time-limit for appeals

   2. Chapter 2 Disposals on conviction and acquittal

      1. Compulsion orders

         1. 133. Mentally disordered offenders: compulsion orders

      2. Urgent detention of acquitted persons

         1. 134. Power of court to detain acquitted persons

      3. Probation with a requirement of treatment

         1. 135. Amendment of 1995 Act: probation for treatment of mental disorder

   3. Chapter 3 Mentally disordered prisoners

      1. 136. Transfer of prisoners for treatment for mental disorder

10. Part 9 Compulsion orders

    1. Chapter 1 Duties following making of order

       1. 137. Part 9 care plan

       2. 138. Mental health officer’s duty to identify named person

    2. Chapter 2 Review of compulsion orders

       1. Mandatory reviews by responsible medical officer

          1. 139. First review of compulsion order

          2. 140. Further reviews of compulsion order

       2. Revocation of order by responsible medical officer or Commission

          1. 141. Responsible medical officer’s duty to revoke compulsion order: mandatory reviews

          2. 142. Revocation of compulsion order: responsible medical officer’s duty to keep under review

          3. 143. Commission’s power to revoke compulsion order

          4. 144. Revocation of compulsion order: notification

       3. Further steps to be taken where order not revoked

          1. 145. Mandatory reviews: further steps to be taken where compulsion order not revoked

       4. Extension of order following first review

          1. 146. First review: responsible medical officer’s duty where extension proposed

          2. 147. Proposed extension on first review: mental health officer’s duties

          3. 148. First review: responsible medical officer’s duty to apply for extension of compulsion order

          4. 149. Application to Tribunal for extension of order following first review

       5. Extension of order following further review

          1. 150. Further review: responsible medical officer’s duty where extension proposed

          2. 151. Proposed extension of order on further review: mental health officer’s duties

          3. 152. Further review: responsible medical officer’s duty to extend compulsion order

          4. 153. Determination extending compulsion order: notification

       6. Extension and variation of order

          1. 154. Responsible medical officer’s duty where extension and variation proposed

          2. 155. Mental health officer’s duties: extension and variation of compulsion order

          3. 156. Responsible medical officer’s duty to apply for extension and variation of compulsion order

          4. 157. Application for extension and variation of compulsion order: notification

          5. 158. Application to Tribunal for extension and variation of compulsion order

       7. Variation of order

          1. 159. Responsible medical officer’s duties: variation of compulsion order

          2. 160. Application for variation of compulsion order: notification

          3. 161. Application to Tribunal by responsible medical officer

       8. Reference to Tribunal by Commission

          1. 162. Commission’s power to make reference to Tribunal

       9. Applications to Tribunal by patient etc.

          1. 163. Application to Tribunal by patient etc. for revocation of determination extending compulsion order

          2. 164. Application to Tribunal by patient etc. for revocation or variation of compulsion order

       10. Review by Tribunal of determination extending order

           1. 165. Tribunal’s duty to review determination under section 152

       11. Powers of Tribunal

           1. 166. Powers of Tribunal on review under section 165

           2. 167. Powers of Tribunal on application under section 149, 158, 161, 163 or 164

           3. 168. Interim extension etc. of order: application under section 149or 158

           4. 169. Interim variation of order following application, reference or review under Chapter

           5. 170. Limit on power of Tribunal to make interim order

           6. 171. Powers of Tribunal on reference under section 162

           7. 172. Tribunal’s order varying compulsion order

           8. 173. Applications to Tribunal: ancillary powers

       12. Effect of interim orders: calculation of time periods in Chapter

           1. 174. Effect of interim orders: calculation of time periods in Chapter

       13. Meaning of “modify”

           1. 175. Meaning of “modify”

    3. Chapter 3 Application of Chapters 5 to 7 of Part 7

       1. Breach of order

          1. 176. Medical treatment: failure to attend

          2. 177. Non-compliance generally with compulsion order

       2. Transfers

          1. 178. Transfers

       3. Suspension of measures

          1. 179. Suspension of measures

    4. Chapter 4 Interpretation of Part

       1. 180. Interpretation of Part

11. Part 10 Compulsion orders and restriction orders

    1. Chapter 1 Preliminary

       1. 181. Mental health officer’s duty to identify named person

    2. Chapter 2 Review of orders

       1. Annual review of orders

          1. 182. Review of compulsion order and restriction order

       2. Consequences of annual review

          1. 183. Responsible medical officer’s report and recommendation following review of compulsion order and restriction order

       3. Responsible medical officer’s duty to keep orders under review

          1. 184. Responsible medical officer’s duty to keep compulsion order and restriction order under review

       4. Reference to Tribunal by Scottish Ministers

          1. 185. Duty of Scottish Ministers on receiving report from responsible medical officer

          2. 186. Commission’s power to require Scottish Ministers to make reference to Tribunal

          3. 187. Notice under section 186(2): reference to Tribunal

       5. Scottish Ministers' duty to keep orders under review

          1. 188. Duty of Scottish Ministers to keep compulsion order and restriction order under review

          2. 189. Reference to Tribunal by Scottish Ministers

          3. 190. Application by Scottish Ministers: notification

          4. 191. Application to Tribunal

       6. Application by patient etc.

          1. 192. Application to Tribunal by patient and named person

       7. Proceedings before Tribunal

          1. 193. Powers of Tribunal on reference under section 185(1), 187(2) or 189(2) or application under section 191 or 192(2)

          2. 194. Tribunal’s powers etc. when varying compulsion order

          3. 195. Deferral of conditional discharge

       8. Effect of modification or revocation of orders

          1. 196. General effect of orders under section 193

          2. 197. Effect of revocation of compulsion order

          3. 198. Effect of revocation of restriction order

       9. Meaning of “modify”

          1. 199. Meaning of “modify”

    3. Chapter 3 Conditional discharge

       1. 200. Variation of conditions imposed on conditional discharge

       2. 201. Appeal to Tribunal against variation of conditions imposed on conditional discharge

       3. 202. Recall of patients from conditional discharge

       4. 203. Effect of recall from conditional discharge

       5. 204. Appeal to Tribunal against recall from conditional discharge

12. Part 11 Hospital directions and transfer for treatment directions

    1. Preliminary

       1. 205. Mental health officer’s duty to identify named person

    2. Review of directions

       1. 206. Review of hospital direction and transfer for treatment direction

    3. Consequences of review

       1. 207. Responsible medical officer’s report following review of direction

    4. Responsible medical officer’s duty to keep directions under review

       1. 208. Responsible medical officer’s duty to keep directions under review

    5. Reference to Tribunal by Scottish Ministers

       1. 209. Commission’s power to require Scottish Ministers to make reference to Tribunal

       2. 210. Duty of Scottish Ministers on receiving report from responsible medical officer

       3. 211. Notice under section 209(2): reference to Tribunal

    6. Scottish Ministers' duty to keep directions under review

       1. 212. Duty of Scottish Ministers to keep directions under review

       2. 213. Reference to Tribunal by Scottish Ministers

    7. Application by patient etc.

       1. 214. Application to Tribunal by patient and named person

    8. Proceedings before Tribunal

       1. 215. Powers of Tribunal on reference under section 210(3), 211(2) or 213(2) or on application under section 214(2)

    9. Effect of revocation of direction

       1. 216. Effect of revocation of direction

    10. Termination of direction on release of patient

        1. 217. Termination of hospital direction on release of patient

13. Part 12 Parts 10 and 11: transfers

    1. 218. Transfer of patients between hospitals

    2. 219. Appeal to Tribunal against transfer under section 218 to hospital other than state hospital

    3. 220. Appeal to Tribunal against transfer under section 218 to state hospital

14. Part 13 Parts 8, 10 and 11: suspension

    1. Assessment orders

       1. 221. Assessment order: suspension of measure authorising detention

       2. 222. Certificate under section 221: revocation by responsible medical officer

       3. 223. Certificate under section 221: revocation by Scottish Ministers

    2. Certain other orders and directions

       1. 224. Patients subject to certain other orders and directions: suspension of measure authorising detention

       2. 225. Certificate under section 224: revocation by responsible medical officer

       3. 226. Certificate under section 224: revocation by Scottish Ministers

15. Part 14 Assessment of needs

    1. 227. Assessment of needs for community care services etc.

    2. 228. Request for assessment of needs: duty on local authorities and Health Boards

16. Part 15 Preliminary duties on making of orders etc.

    1. Designation of mental health officer

       1. 229. Designation of mental health officer responsible for patient’s case

    2. Patient’s responsible medical officer

       1. 230. Appointment of patient’s responsible medical officer

    3. Social circumstances reports

       1. 231. Social circumstances report: mental health officer’s duties

    4. Meaning of “relevant event”

       1. 232. Meaning of “relevant event”

17. Part 16 Medical treatment

    1. Designated medical practitioners

       1. 233. Designated medical practitioners

    2. Safeguards for certain surgical operations etc.

       1. 234. Certain surgical operations etc.

       2. 235. Treatment mentioned in section 234(2): patients capable of consenting

       3. 236. Treatment mentioned in section 234(2): patients incapable of consenting

    3. Safeguards for other medical treatment

       1. 237. Electro-convulsive therapy etc.

       2. 238. Treatment mentioned in sections 237(3) and 240(3): patients capable of consenting and not refusing consent

       3. 239. Treatment mentioned in section 237(3): patients incapable of consenting

       4. 240. Treatments given over period of time etc.

       5. 241. Treatment mentioned in section 240(3): patients refusing consent or incapable of consenting

       6. 242. Treatment not mentioned in section 234(2), 237(3) or 240(3)

    4. Urgent medical treatment where patient detained in hospital

       1. 243. Urgent medical treatment

    5. Additional safeguards for certain informal patients

       1. 244. Scottish Ministers' power to make provision in relation to treatment for certain informal patients

    6. Supplementary

       1. 245. Certificates under sections 235, 236, 239 and 241

       2. 246. Certificates under section 238

       3. 247. Scope of consent or certificate under sections 235, 236, 238, 239 and 241

       4. 248. Sections 235, 236, 238, 239 and 241: review of treatment etc.

    7. Interpretation of Part

       1. 249. Interpretation of Part

18. Part 17 Patient representation etc.

    1. Chapter 1 Named person

       1. Meaning of “named person”

          1. 250. Nomination of named person

          2. 251. Named person where no person nominated or nominated person declines to act

          3. 252. Named person in relation to child

          4. 253. Declaration in relation to named person

          5. 254. Meaning of “nearest relative”

       2. Mental health officer’s duties etc.

          1. 255. Named person: mental health officer’s duties etc.

       3. Applications to Tribunal by patient etc.

          1. 256. Named person: application by patient etc.

       4. Tribunal’s powers

          1. 257. Named person: Tribunal’s powers

       5. Interpretation of Chapter

          1. 258. Interpretation of Chapter

    2. Chapter 2 Advocacy etc.

       1. Advocacy

          1. 259. Advocacy

       2. Information

          1. 260. Provision of information to patient

          2. 261. Provision of assistance to patient with communication difficulties

       3. Access to medical practitioner

          1. 262. Access to medical practitioner for purposes of medical examination

          2. 263. Inspection of records by medical practitioner

    3. Chapter 3 Detention in conditions of excessive security

       1. State hospitals

          1. 264. Detention in conditions of excessive security: state hospitals

          2. 265. Order under section 264: further provision

          3. 266. Order under section 265: further provision

          4. 267. Orders under sections 264 to 266: recall

       2. Other hospitals

          1. 268. Detention in conditions of excessive security: hospitals other than state hospitals

          2. 269. Order under section 268: further provision

          3. 270. Order under section 269: further provision

          4. 271. Orders under sections 268 to 270: recall

       3. Enforcement: civil proceedings

          1. 272. Proceedings for specific performance of statutory duty

       4. Interpretation of Chapter

          1. 273. Interpretation of Chapter

19. Part 18 Miscellaneous

    1. Code of practice

       1. 274. Code of practice

    2. Advance statements

       1. 275. Advance statements: making and withdrawal

       2. 276. Advance statements: effect

    3. Education

       1. 277. Education of persons who have mental disorder

    4. Parental relations

       1. 278. Duty to mitigate adverse effect of compulsory measures on parental relations

    5. Research

       1. 279. Information for research

    6. State hospitals

       1. 280. Restriction of Scottish Ministers' power to delegate management of state hospitals

    7. Communications, security etc.

       1. 281. Correspondence of certain persons detained in hospital

       2. 282. Correspondence: supplementary

       3. 283. Review of decision to withhold postal packet

       4. 284. Certain persons detained in hospital: use of telephones

       5. 285. Directions as to implementation of regulations under section 284(1)

       6. 286. Safety and security in hospitals

    8. Information

       1. 287. Scottish Ministers' power to require responsible medical officer to provide certain information

    9. Payments for expenses

       1. 288. Payments to persons in hospital to meet personal expenses

    10. Cross-border transfer of patients

        1. 289. Cross-border transfer: patients subject to requirement other than detention

        2. 290. Cross-border transfer: patients subject to detention requirement or otherwise in hospital

    11. Informal patients

        1. 291. Application to Tribunal in relation to unlawful detention

20. Part 19 Entry, removal and detention powers

    1. Entry to premises

       1. 292. Warrant to enter premises for purposes of taking patient

    2. Removal to place of safety

       1. 293. Removal order

       2. 294. Removal order: urgent application to justice of the peace

       3. 295. Recall or variation of removal order

       4. 296. No appeal against decision under section 293 or 295

       5. 297. Removal from public place

       6. 298. Removal under section 297: further provision

    3. Detention pending medical examination

       1. 299. Nurse’s power to detain pending medical examination

    4. Meaning of “place of safety”

       1. 300. Meaning of “place of safety”

21. Part 20 Absconding

    1. Absconding

       1. 301. Absconding etc. by patients subject to compulsory treatment order

       2. 302. Absconding etc. by other patients

       3. 303. Taking into custody and return of absconding patients

    2. Effect of unauthorised absence

       1. 304. Effect of unauthorised absence

       2. 305. Effect of long unauthorised absence ending more than 14 days before expiry of compulsory treatment order

       3. 306. Effect of unauthorised absence ending simultaneously with or within 14 days before expiry of compulsory treatment order

       4. 307. Effect of unauthorised absence ending after expiry of compulsory treatment order

       5. 308. Effect of unauthorised absence of patient subject to short-term detention certificate or certificate under section 114(2) or 115(2)

    3. Patients from other jurisdictions

       1. 309. Patients from other jurisdictions

       2. 309A. Cross-border visits: leave of absence

    4. Absconding by certain other patients

       1. 310. Regulations as to absconding by other patients

22. Part 21 Offences

    1. 311. Non-consensual sexual acts

    2. 312. Offences under section 311: extended sentences

    3. 313. Persons providing care services: sexual offences

    4. 314. Notification requirements for offenders under sections 311 and 313

    5. 315. Ill-treatment and wilful neglect of mentally disordered person

    6. 316. Inducing and assisting absconding etc.

    7. 317. Obstruction

    8. 318. False statements

    9. 319. Time limit for summary proceedings for offences under sections 311 and 313

23. Part 22 Appeals

    1. 320. Appeal to sheriff principal against certain decisions of the Tribunal

    2. 321. Appeal to Court of Session against decisions of sheriff principal

    3. 322. Appeal to Court of Session against certain decisions of the Tribunal

    4. 323. Suspension of decision of Tribunal pending determination of certain appeals

    5. 324. Appeals: general provisions

24. Part 23 General

    1. 325. Power to prescribe forms

    2. 326. Orders, regulations and rules

    3. 327. Directions

    4. 328. Meaning of “mental disorder”

    5. 329. Interpretation

    6. 330. Supplementary provisions etc.

    7. 331. Minor and consequential amendments, repeals and revocations

    8. 332. Transitional provisions etc.

    9. 333. Short title and commencement

25. 1. SCHEDULE 1

       The Mental Welfare Commission for Scotland

       1. Part 1 Membership, proceedings etc.

          1. Status

             1. 1. The Commission shall not be regarded as the servant or...

          2. General powers

             1. 2. The Commission may do anything which appears to it to...

          3. Membership

             1. 2A. (1) The Commission is to consist of the following members—...

             2. 2B. (1) In appointing members, the Scottish Ministers are to have...

          4. Terms of appointment etc.

             1. 2C. (1) Each member of the Commission is to be appointed...

          5. Removal of members

             1. 2D. The Scottish Ministers may, by written notice, remove a member...

          6. Disqualification from membership

             1. 2E. A person is disqualified from appointment, and from holding office,...

          7. Membership

             1. 3. Membership, proceedings

          8. Terms of office etc.

             1. 4. Membership, proceedings

          9. Eligibility for reappointment

             1. 5. Membership, proceedings

          10. Remuneration, pensions, allowances etc.

              1. 6. The Commission shall pay— (a) to its members (and to...

          11. Appointment etc. of chief executive and other staff

              1. 7. (1) Subject to sub-paragraphs (2) and (3) below and paragraph...

          12. Commission Visitors

              1. 7A. (1) The Commission must appoint such staff, employed under paragraph...

          13. Commission Visitors: further provision

              1. 7B. (1) The arrangements entered into by virtue of paragraph 7A(2)...

          14. Medical Visitors

              1. 7C. (1) In appointing Commission Visitors, the Commission must appoint one...

          15. Committees

              1. 7D. (1) The Commission may establish committees for any purpose relating...

          16. Procedure and meetings

              1. 7E. (1) The Commission may determine its own procedure and that...

          17. Exercise of certain functions etc.

              1. 7F. (1) A member of the Commission may not—

          18. Delegation of functions

              1. 7G. (1) The Commission may, subject to sub-paragraphs (2), (3) and...

          19. Mandatory delegation of functions to chief executive

              1. 7H. (1) The Commission must delegate to the chief executive the...

          20. Location of office

              1. 7I. The Commission's determination of the location of its office premises...

          21. Regulations as to proceedings and delegation of functions

              1. 8. Membership, proceedings

          22. Accounts

              1. 9. The following provisions of the National Health Service (Scotland) Act...

       2. Part 2 Transitional provision

          1. 10. (1) The Mental Health (Scotland) Act 1984 (c. 36) shall...

          2. Transitional provision: first chief executive

             1. 10A. (1) The person who, immediately before the coming into force...

          3. Transitional provision: Commissioners

             1. 10B. Any person who, immediately before the coming into force of...

    2. SCHEDULE 2

       The Mental Health Tribunal for Scotland

       1. Part 1 Members of the Tribunal etc.

          1. Members

             1. 1. (1) The Scottish Ministers shall appoint as members of the...

          2. Shrieval panel

             1. 2. There shall be a panel consisting of each person who...

          3. The President

             1. 3. (1) The Scottish Ministers shall appoint a person to be...

          4. Terms of office etc.

             1. 4. Terms of office etc.

             2. 5. (1) A member of the Tribunal may be removed from...

          5. Remuneration and pensions etc.

             1. 6. (1) The Scottish Ministers may pay, or make provision for...

       2. Part 2 Organisation and administration of the Tribunal

          1. Organisation and administration of the functions of the Tribunal

             1. 7. (1) The functions of the Tribunal shall be discharged by...

          2. Staff and accommodation

             1. 8. (1) The Scottish Ministers may appoint such staff and provide...

          3. Finance

             1. 9. Such expenses of the Tribunal as the Scottish Ministers may...

       3. Part 3 Tribunal procedure

          1. Rules

             1. 10. (1) The Scottish Ministers may make rules as to the...

          2. Practice directions

             1. 11. Subject to rules made under paragraph 10 above the President...

          3. Evidence

             1. 12. (1) The Tribunal may by citation require any person to...

          4. Decisions of the Tribunal

             1. 13. (1) Subject to sub-paragraph (2) below, where a decision is...

          5. Withdrawn applications to be disregarded for certain purposes

             1. 13A. For the purposes of sections 101(3)(c)...

       4. Part 4 Reports, information etc.

          1. Annual report

             1. 14. (1) The President shall, in respect of each period of...

          2. Disclosure of information

             1. 15. The President shall, at such times and in respect of...

          3. Allowances etc. for attendance at hearings of the Tribunal and preparation of reports

             1. 16. (1) The Tribunal may pay to any person (other than...

    3. SCHEDULE 3

       Application of Chapter 1 of Part 7 to certain patients

       1. 1. Section 57(3) of this Act shall have effect as if,...

       2. 2. (1) Section 64(4)(a)(i) of this Act shall have effect subject...

       3. 3. Section 65 of this Act shall not have effect.

    4. SCHEDULE 4

       Minor and consequential amendments

       1. The Social Work (Scotland) Act 1968 (c.49)

          1. 1. (1) The Social Work (Scotland) Act 1968 shall be amended...

       2. The Local Government (Scotland) Act 1973 (c.65)

          1. 2. In section 64(5) of the Local Government (Scotland) Act 1973...

       3. The National Health Service (Scotland) Act 1978 (c.29)

          1. 3. In section 102(1) of the National Health Service (Scotland) Act...

       4. The Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33)

          1. 4. (1) The Disabled Persons (Services, Consultation and Representation) Act 1986...

       5. The Tribunals and Inquiries Act 1992 (c.53)

          1. 5. In Part II of Schedule 1 to the Tribunals and...

       6. The Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9)

          1. 6. In section 4(1) of the Prisoners and Criminal Proceedings (Scotland)...

       7. The Children (Scotland) Act 1995 (c.36)

          1. 7. In section 23(2) of the Children (Scotland) Act 1995 (children...

       8. The Criminal Procedure (Scotland) Act 1995 (c.46)

          1. 8. (1) The Criminal Procedure (Scotland) Act 1995 shall be amended...

       9. The Adults with Incapacity (Scotland) Act 2000 (asp 4)

          1. 9. (1) The Adults with Incapacity (Scotland) Act 2000 shall be...

       10. The Regulation of Care (Scotland) Act 2001 (asp 8)

           1. 10. In section 77(1) of the Regulation of Care (Scotland) Act...

       11. The Housing (Scotland) Act 2001 (asp 10)

           1. 11. In paragraph 4(6) of schedule 7 to the Housing (Scotland)...

       12. The Community Care and Health (Scotland) Act 2002 (asp 5)

           1. 12. (1) The Community Care and Health (Scotland) Act 2002 shall...

       13. The Scottish Public Services Ombudsman Act 2002 (asp 11)

           1. 13. In schedule 3 to the Scottish Public Services Ombudsman Act...

    5. SCHEDULE 5

       Repeals and revocations

       1. Part 1 Repeals

       2. Part 2 Revocations

    6. SCHEDULE 6

       Transitory amendments of the Mental Health (Scotland) Act 1984

       1. 1. Sections 33, 64 and 66 of the Mental Health (Scotland)...

       2. 2. In section 33 (discharge of patients from hospital), in subsection...

       3. 3. In section 64 (appeal by patient subject to restriction order)—...

       4. 4. In section 66 (further consideration of case of conditionally discharged...