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

Part 1Introductory

1Principles for discharging certain functions

2Welfare of the child

3Equal opportunities

Part 2The Mental Welfare Commission for Scotland

Continued existence of Commission

4The Mental Welfare Commission for Scotland

5Duty to monitor operation of Act and promote best practice

6Reporting on operation of Act

Particular functions

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

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

9Duty to give advice

10Publishing information, guidance etc.

11Investigations

12Investigations: further provision

13Visits in relation to patients

15Medical examination

16Inspection etc. of records

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

18Annual Report

19Statistical information

20Protection from actions of defamation

Part 3The Mental Health Tribunal for Scotland

21The Mental Health Tribunal for Scotland

Part 4Health Board and local authority functions

Chapter 1Health Board duties

Approved medical practitioners

22Approved medical practitioners

Services and accommodation: particular cases

23Provision of services and accommodation for certain patients under 18

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

Chapter 2Local authority functions

Provision of services

25Care and support services etc.

26Services designed to promote well-being and social development

27Assistance with travel

Charging for services

28Services under sections 25 to 27: charging

Relationship with general duties

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

Co-operation and assistance

30Co-operation with Health Boards and others

31Assistance from Health Boards and others

Appointment of mental health officers

32Appointment of mental health officers

Duty to inquire into individual cases

33Duty to inquire

34Inquiries under section 33: co-operation

35Inquiries under section 33: warrants

Part 5Emergency detention

Emergency detention certificate

36Emergency detention in hospital

37Notification by medical practitioner

Duties on hospital managers

38Duties on hospital managers: examination, notification etc.

Revocation of certificate

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

40Revocation of emergency detention certificate: notification

Suspension of authority to detain

41Suspension of authority to detain

42Certificate under section 41: revocation

Effect of emergency detention certificate on compulsory treatment order

43Effect of subsequent emergency detention certificate on compulsory treatment order

Part 6Short-term detention

Short-term detention certificate

44Short-term detention in hospital

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

Duties on hospital managers

46Hospital managers' duties: notification

Extension certificate

47Extension of detention pending application for compulsory treatment order

48Extension certificate: notification

Revocation of certificates

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

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

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

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

Suspension of detention

53Suspension of measure authorising detention

54Certificate under section 53: revocation

Effect of short-term detention certificate on emergency detention certificate

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

Effect of short-term detention certificate on compulsory treatment order

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

Part 7Compulsory treatment orders

Chapter 1Application for, and making of, orders

Pre-application procedures

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

58Medical examination: requirements

59Mental health officer’s duty to identify named person

60Application for compulsory treatment order: notification

61Mental health officer’s duty to prepare report

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

Application for order

63Application for compulsory treatment order

Making of order etc.

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

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

66Measures that may be authorised

67Order authorising detention: ancillary authorisation

Extension of short-term detention: special case

68Extension of short-term detention pending determination of application

Time limit for Tribunal’s determination: special case

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

Effect of making of orders on short-term detention

70Effect of subsequent order on short-term detention certificate

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

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

Chapter 2Interim compulsory treatment orders: review and revocation

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

73Commission’s power to revoke interim compulsory treatment order

74Revocation under section 72 or 73: notification

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

Chapter 3Compulsory treatment orders: care plan

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

Chapter 4Review of orders

Mandatory reviews by responsible medical officer

77First mandatory review

78Further mandatory reviews

Revocation of order by responsible medical officer or Commission

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

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

81Commission’s power to revoke order

82Revocation of order: notification

Further steps to be taken where order not revoked

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

Extension of order by responsible medical officer

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

85Mental health officer’s duties: extension of order

86Responsible medical officer’s duty to extend order

87Determination extending order: notification etc.

Extension and variation of order: application by responsible medical officer

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

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

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

91Application for extension and variation of order: notification

92Application to Tribunal

Variation of order: application by responsible medical officer

93Responsible medical officer’s duties: variation of order

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

95Application to Tribunal by responsible medical officer

Recorded matters: reference to Tribunal by responsible medical officer

96Recorded matters: reference to Tribunal by responsible medical officer

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

Reference to Tribunal by Commission

98Reference to Tribunal by Commission

Applications by patient etc.

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

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

Review by Tribunal of determination extending order

101Tribunal’s duty to review determination under section 86

Powers of Tribunal

102Powers of Tribunal on review under section 101

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

104Powers of Tribunal on reference under section 96 or 98

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

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

107Limit on Tribunal’s power to make interim orders

108Tribunal’s order varying compulsory treatment order

109Ancillary powers of Tribunal

Effect of interim orders on calculation of time periods in Chapter

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

Meaning of “modify”

111Meaning of “modify”

Chapter 5Breach of orders

Failure to attend for medical treatment

112Failure to attend for medical treatment

Non-compliance generally with order

113Non-compliance generally with order

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

115Interim compulsory treatment order: detention pending further procedure

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

Revocation of certificates

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

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

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

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

Effect of section 113(5) on order

121Effect of section 113(5) on order

Effect of certificate under section 114(2) on order

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

Effect of certificate under section 115(2) on order

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

Chapter 6Transfers

124Transfer to other hospital

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

126Transfer to state hospital: appeal to Tribunal

Chapter 7Suspension

127Suspension of measure authorising detention

128Suspension of other measures

129Certificates under sections 127 and 128: revocation

Part 8Mentally disordered persons: criminal proceedings

Chapter 1Pre-sentence orders

Assessment orders and treatment orders

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

Interim compulsion orders

131Mentally disordered offenders: interim compulsion orders

Remand for inquiry into mental condition

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

Chapter 2Disposals on conviction and acquittal

Compulsion orders

133Mentally disordered offenders: compulsion orders

Urgent detention of acquitted persons

134Power of court to detain acquitted persons

Probation with a requirement of treatment

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

Chapter 3Mentally disordered prisoners

136Transfer of prisoners for treatment for mental disorder

Part 9Compulsion orders

Chapter 1Duties following making of order

137Part 9 care plan

138Mental health officer’s duty to identify named person

Chapter 2Review of compulsion orders

Mandatory reviews by responsible medical officer

139First review of compulsion order

140Further reviews of compulsion order

Revocation of order by responsible medical officer or Commission

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

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

143Commission’s power to revoke compulsion order

144Revocation of compulsion order: notification

Further steps to be taken where order not revoked

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

Extension of order following first review

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

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

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

149Application to Tribunal for extension of order following first review

Extension of order following further review

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

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

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

153Determination extending compulsion order: notification

Extension and variation of order

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

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

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

157Application for extension and variation of compulsion order: notification

158Application to Tribunal for extension and variation of compulsion order

Variation of order

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

160Application for variation of compulsion order: notification

161Application to Tribunal by responsible medical officer

Reference to Tribunal by Commission

162Commission’s power to make reference to Tribunal

Applications to Tribunal by patient etc.

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

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

Review by Tribunal of determination extending order

165Tribunal’s duty to review determination under section 152

Powers of Tribunal

166Powers of Tribunal on review under section 165

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

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

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

170Limit on power of Tribunal to make interim order

171Powers of Tribunal on reference under section 162

172Tribunal’s order varying compulsion order

173Applications to Tribunal: ancillary powers

Effect of interim orders: calculation of time periods in Chapter

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

Meaning of “modify”

175Meaning of “modify”

Chapter 3Application of Chapters 5 to 7 of Part 7

Breach of order

176Medical treatment: failure to attend

177Non-compliance generally with compulsion order

Suspension of measures

179Suspension of measures

Chapter 4Interpretation of Part

180Interpretation of Part

Part 10Compulsion orders and restriction orders

Chapter 1Preliminary

181Mental health officer’s duty to identify named person

Chapter 2Review of orders

Annual review of orders

182Review of compulsion order and restriction order

Consequences of annual review

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

Responsible medical officer’s duty to keep orders under review

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

Reference to Tribunal by Scottish Ministers

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

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

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

Scottish Ministers' duty to keep orders under review

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

189Reference to Tribunal by Scottish Ministers

190Application by Scottish Ministers: notification

191Application to Tribunal

Application by patient etc.

192Application to Tribunal by patient and named person

Proceedings before Tribunal

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

194Tribunal’s powers etc. when varying compulsion order

195Deferral of conditional discharge

Effect of modification or revocation of orders

196General effect of orders under section 193

197Effect of revocation of compulsion order

198Effect of revocation of restriction order

Meaning of “modify”

199Meaning of “modify”

Chapter 3Conditional discharge

200Variation of conditions imposed on conditional discharge

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

202Recall of patients from conditional discharge

203Effect of recall from conditional discharge

204Appeal to Tribunal against recall from conditional discharge

Part 11Hospital directions and transfer for treatment directions

205Mental health officer’s duty to identify named person

Review of directions

206Review of hospital direction and transfer for treatment direction

Consequences of review

207Responsible medical officer’s report following review of direction

Responsible medical officer’s duty to keep directions under review

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

Reference to Tribunal by Scottish Ministers

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

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

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

Scottish Ministers' duty to keep directions under review

212Duty of Scottish Ministers to keep directions under review

213Reference to Tribunal by Scottish Ministers

Application by patient etc.

214Application to Tribunal by patient and named person

Proceedings before Tribunal

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

Effect of revocation of direction

216Effect of revocation of direction

Termination of direction on release of patient

217Termination of hospital direction on release of patient

Part 12Parts 10 and 11: transfers

218Transfer of patients between hospitals

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

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

Part 13Parts 8, 10 and 11: suspension

Assessment orders

221Assessment order: suspension of measure authorising detention

222Certificate under section 221: revocation by responsible medical officer

223Certificate under section 221: revocation by Scottish Ministers

Certain other orders and directions

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

225Certificate under section 224: revocation by responsible medical officer

226Certificate under section 224: revocation by Scottish Ministers

Part 14Assessment of needs

227Assessment of needs for community care services etc.

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

Part 15Preliminary duties on making of orders etc.

Designation of mental health officer

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

Patient’s responsible medical officer

230Appointment of patient’s responsible medical officer

Social circumstances reports

231Social circumstances report: mental health officer’s duties

Meaning of “relevant event”

232Meaning of “relevant event”

Part 16Medical treatment

Designated medical practitioners

233Designated medical practitioners

Safeguards for certain surgical operations etc.

234Certain surgical operations etc.

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

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

Safeguards for other medical treatment

237Electro-convulsive therapy etc.

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

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

240Treatments given over period of time etc.

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

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

Urgent medical treatment where patient detained in hospital

243Urgent medical treatment

Additional safeguards for certain informal patients

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

245Certificates under sections 235, 236, 239 and 241

246Certificates under section 238

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

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

Interpretation of Part

249Interpretation of Part

Part 17Patient representation etc.

Chapter 1Named person

Meaning of “named person”

250Nomination of named person

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

252Named person in relation to child

253Declaration in relation to named person

254Meaning of “nearest relative”

Mental health officer’s duties etc.

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

Applications to Tribunal by patient etc.

256Named person: application by patient etc.

Tribunal’s powers

257Named person: Tribunal’s powers

Interpretation of Chapter

258Interpretation of Chapter

Chapter 2Advocacy etc.

260Provision of information to patient

261Provision of assistance to patient with communication difficulties

Access to medical practitioner

262Access to medical practitioner for purposes of medical examination

263Inspection of records by medical practitioner

Chapter 3Detention in conditions of excessive security

State hospitals

264Detention in conditions of excessive security: state hospitals

265Order under section 264: further provision

266Order under section 265: further provision

267Orders under sections 264 to 266: recall

Other hospitals

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

269Order under section 268: further provision

270Order under section 269: further provision

271Orders under sections 268 to 270: recall

Enforcement: civil proceedings

272Proceedings for specific performance of statutory duty

Interpretation of Chapter

273Interpretation of Chapter

Part 18Miscellaneous

Code of practice

274Code of practice

Advance statements

275Advance statements: making and withdrawal

276Advance statements: effect

277Education of persons who have mental disorder

Parental relations

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

279Information for research

State hospitals

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

Communications, security etc.

281Correspondence of certain persons detained in hospital

282Correspondence: supplementary

283Review of decision to withhold postal packet

284Certain persons detained in hospital: use of telephones

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

286Safety and security in hospitals

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

Payments for expenses

288Payments to persons in hospital to meet personal expenses

Cross-border transfer of patients

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

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

Informal patients

291Application to Tribunal in relation to unlawful detention

Part 19Entry, removal and detention powers

Entry to premises

292Warrant to enter premises for purposes of taking patient

Removal to place of safety

293Removal order

294Removal order: urgent application to justice of the peace

295Recall or variation of removal order

296No appeal against decision under section 293 or 295

297Removal from public place

298Removal under section 297: further provision

Detention pending medical examination

299Nurse’s power to detain pending medical examination

Meaning of “place of safety”

300Meaning of “place of safety”

Part 20Absconding

301Absconding etc. by patients subject to compulsory treatment order

302Absconding etc. by other patients

303Taking into custody and return of absconding patients

Effect of unauthorised absence

304Effect of unauthorised absence

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

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

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

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

Patients from other jurisdictions

309Patients from other jurisdictions

Absconding by certain other patients

310Regulations as to absconding by other patients

Part 21Offences

311Non-consensual sexual acts

312Offences under section 311: extended sentences

313Persons providing care services: sexual offences

314Notification requirements for offenders under sections 311 and 313

315Ill-treatment and wilful neglect of mentally disordered person

316Inducing and assisting absconding etc.

318False statements

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

320Appeal to sheriff principal against certain decisions of the Tribunal

321Appeal to Court of Session against decisions of sheriff principal

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

323Suspension of decision of Tribunal pending determination of certain appeals

324Appeals: general provisions

325Power to prescribe forms

326Orders, regulations and rules

328Meaning of “mental disorder”

329Interpretation

330Supplementary provisions etc.

331Minor and consequential amendments, repeals and revocations

332Transitional provisions etc.

333Short title and commencement

SCHEDULE 1The Mental Welfare Commission for Scotland

Part 1Membership, proceedings etc.

2General powers

4Terms of office etc.

5Eligibility for reappointment

6Remuneration, pensions, allowances etc.

7Appointment etc. of chief officer and other staff

8Regulations as to proceedings and delegation of functions

Part 2Transitional provision

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

SCHEDULE 2The Mental Health Tribunal for Scotland

Part 1Members of the Tribunal etc.

2Shrieval panel

4Terms of office etc.

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

6Remuneration and pensions etc.

Part 2Organisation and administration of the Tribunal

7Organisation and administration of the functions of the Tribunal

8Staff and accommodation

Part 3Tribunal procedure

11Practice directions

13Decisions of the Tribunal

Part 4Reports, information etc.

14Annual report

15Disclosure of information

16Allowances etc. for attendance at hearings of the Tribunal and preparation of reports

SCHEDULE 3Application of Chapter 1 of Part 7 to certain patients

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

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

3Section 65 of this Act shall not have effect.

SCHEDULE 4Minor and consequential amendments

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

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

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

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

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

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

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

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

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

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

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

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

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

SCHEDULE 5Repeals and revocations

Part 2Revocations

SCHEDULE 6Transitory amendments of the Mental Health (Scotland) Act 1984

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

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

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

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

Royal arms

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

2003 asp 13

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 20th March 2003 and received Royal Assent on 25th April 2003

An Act of the Scottish Parliament to restate and amend the law relating to mentally disordered persons; and for connected purposes.