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

[F1 4ZD Modifications in relation to NCF S

(1) The following modifications of this Part apply in relation to the NCF functions—

(a) sections 5, 6, 9, 9A, 10, 16 and 19 do not apply,

(b) in section 17(1), references to the Commission (except in the phrase “Commission Visitor”) are to be read as if they were references to NCF,

(c) sub-paragraph (2) of paragraph 11 of schedule 1A applies in relation to the Commission's annual report mentioned in section 18(1) as it applies in relation to a report prepared under that paragraph,

(d) section 20 is to be read as if after subsection (1) there were inserted—

“(1A) For the purposes of the law of defamation—

(a) any statement made in good faith by NCF, its members or NCF staff in carrying out any of the NCF functions is privileged,

(b) any statement made by an eligible person in accordance with arrangements made by NCF under paragraph 8(2) of schedule 1A is privileged.

(1B) A word or expression used in subsection (1A) has the same meaning as it has in schedule 1A.”.

(2) Section 1 of the Public Records (Scotland) Act 2011 is to be read as if after subsection (8) there were inserted—

“(8A) The Mental Welfare Commission for Scotland must have a separate records management plan in relation to the public records created in carrying out the NCF functions (within the meaning of section 4ZA(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003).”.]

Textual Amendments

F1 Ss. 4ZA-4ZD inserted (18.1.2014 for the purpose of the insertion of s. 4ZA, 1.7.2014 in so far as not already in force) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 30, 34(1); S.S.I. 2014/117, art. 3