Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

Part 2 S The Mental Welfare Commission for Scotland

Modifications etc. (not altering text)

C1 Pt. 2 excluded (6.4.2016) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 2(4)(5) (with Sch. 1 paras. 8, 14); S.I. 2016/464, art. 2(c)

Continued existence of Commission S

4 The Mental Welfare Commission for Scotland S

(1) There shall continue to be a body corporate known as the Mental Welfare Commission for Scotland (in this Act referred to as “the Commission”).

(2) The Commission shall discharge such functions as are conferred on it by virtue of—

(a) this Act;

(b) the Adults with Incapacity (Scotland) Act 2000 (asp 4); and

(c) any other enactment.

[F1 (2A) In so discharging its functions, the Commission shall act in a manner which seeks to protect the welfare of persons who have a mental disorder.]

(3) Schedule 1 to this Act (which makes provision as respects the Commission) shall have effect.

Textual Amendments

F1 S. 4(2A) inserted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(2), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

Commencement Information

I1 S. 4(1)(2) in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)

I2 S. 4(3) in force at 1.7.2003 for specified purposes by S.S.I. 2003/316, art. 2

I3 S. 4(3) in force at 5.10.2005 in so far as not already in force by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)