PART 3Ill-treatment and wilful neglect

Ill-treatment and wilful neglect of mentally disordered person

32Penalty for ill-treatment and wilful neglect of mentally disordered person

In section 315 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (ill-treatment and wilful neglect of mentally disordered person)—

(a)

in subsection (3)(b), for “2” substitute “5”,

(b)

for subsection (4), substitute—

“(4)

In subsection 1(c), “provides care services” means anything done—

(a)

by a care service,

(b)

by an employee of a care service, or

(c)

in the course of a service provided or supplied by a care service,

whether by virtue of a contract of employment or any other contract or in circumstances as may be prescribed by regulations.”,

(c)

after subsection (4), insert—

“(5)

For the purposes of subsection (4), “care service” means a service mentioned in section 47(1)(a), (b), (d), (f), (g), (j) or (m) of the Public Services Reform (Scotland) Act 2010.”.