Mental Health (Scotland) Act 1984

1. Introductory Text

2. Part I Application of Act

   1. 1. Application of Act: “mental disorder”.

3. Part II Mental Welfare Commission

   1. 2. Mental Welfare Commission.

   2. 3. Functions and duties of the Mental Welfare Commission.

   3. 4. Proceedings and evidence at enquiries under section 3.

   4. 5. Duties of the Secretary of State and of local authorities in relation to the Mental Welfare Commission.

   5. 5A. Duties in relation to private hospitals

   6. 6. Appointment and payment of staff.

4. Part III Local Authority Services

   1. 7. Functions of local authorities.

   2. 8. Provision of after-care services.

   3. 9. Appointment of mental health officers.

   4. 10. Welfare of certain hospital patients.

   5. 11. The training and occupation of the mentally handicapped.

5. Part IV Private Hospitals

   1. 12. Registration of private hospitals.

   2. 13. Pre-requisites of registration.

   3. 14. Control of private hospitals.

   4. 15. Cancellation and continuance in certain circumstances of registration.

   5. 16. Offences against this Part of this Act and penalties.

6. Part V Admission to and Detention in Hospital and Guardianship

   1. Grounds for hospital admission

      1. 17. Patients liable to be detained in hospital.

   2. Procedure for admission of patients: hospital

      1. 18. Admission and detention of patients: hospital.

      2. 19. General provisions as to applications: hospital.

      3. 20. Medical recommendations: hospital.

      4. 21. Approval of applications by the sheriff: hospital.

      5. 22. Effect of applications: hospital.

      6. 23. Rectification of application and recommendations: hospital.

      7. 24. Emergency admission: hospital.

      8. 25. Detention of patients already in hospital.

      9. 26. Short term detention.

      10. 26A. Interim detention.

   3. Care and treatment of patients: hospital

      1. 27. Leave of absence from hospital.

      2. 28. Return and re-admission of patients absent without leave: hospital.

      3. 29. Transfer of patients: hospital.

   4. Duration of authority for detention and discharge of patients: hospital

      1. 30. Duration of authority: hospital.

      2. 31. Special provisions as to patients absent without leave: hospital.

      3. 31A. Patients who are taken into custody or return within 28 days: hospital.

      4. 31B. Patients who are taken into custody or return after more than 28 days: hospital.

      5. 32. Special provisions as to patients sentenced to imprisonment etc.: hospital.

      6. 33. Discharge of patients: hospital.

      7. 34. Restrictions on discharge by nearest relative: hospital.

   5. Appeals: hospital

      1. 35. Appeals to the sheriff: hospital.

   6. Community care orders

      1. 35A. Community care orders.

      2. 35B. Community care applications.

      3. 35C. Duration and renewal of community care order.

      4. 35D. Variation of conditions in community care order.

      5. 35E. Change of special medical officer or after-care officer.

      6. 35F. Appeal against community care order.

      7. 35G. Admission to hospital for reassessment.

      8. 35H. Reassessment: further provisions.

      9. 35I. Revocation of community care order.

      10. 35J. Patients in custody or admitted to hospital in pursuance of emergency recommendations.

      11. 35K. Patients moving from England and Wales to Scotland.

   7. Grounds for reception into guardianship

      1. 36. Patients liable to be received into guardianship.

   8. Procedure for reception of patients: guardianship

      1. 37. Reception of patients into guardianship.

      2. 38. General provisions as to applications: guardianship.

      3. 39. Medical recommendations: guardianship.

      4. 40. Approval of applications by the sheriff: guardianship.

      5. 41. Effect of applications: guardianship.

      6. 42. Rectification of application and recommendations: guardianship.

   9. Care and treatment of patients: guardianship

      1. 43. Regulations as to guardianship.

      2. 44. Return of patients absent without leave: guardianship.

      3. 45. Transfer of patients: guardianship.

      4. 46. Transfer of guardianship in case of death, incapacity etc. of guardian.

   10. Duration of authority for guardianship and discharge of patients

       1. 47. Duration of authority: guardianship.

       2. 48. Special provisions as to patients absent without leave: guardianship.

       3. 48A. Patients who are taken into custody or return within 28 days: guardianship.

       4. 48B. Patients who are taken into custody or return after more than 28 days: guardianship.

       5. 49. Special provisions as to patients sentenced to imprisonment, etc.: guardianship.

       6. 50. Discharge of patients: guardianship.

       7. 51. Restrictions on discharge by nearest relative: guardianship.

   11. Appeals: guardianship

       1. 52. Appeals to the sheriff: guardianship.

   12. Functions of relatives of patients

       1. 53. Definition of relative and nearest relative.

       2. 54. Children and young persons in care of local authority.

       3. 55. Nearest relative of child under guardianship etc.

       4. 56. Appointment by sheriff of acting nearest relative.

       5. 57. Discharge and variation of orders under s. 56.

   13. Supplementary

       1. 58. Regulations for purposes of Part V.

       2. 59. Interpretation of Part V.

7. Part VI Detention of Patients concerned in Criminal Proceedings etc. and Transfer of Patients under Sentence

   1. Provisions for compulsory detention and guardianship of patients charged with offences etc.

      1. 60. Effect of hospital orders.

      2. 61. Effect of guardianship orders.

      3. 62. Effect of restriction orders.

      4. 62A. Effect of hospital direction.

      5. 63. Right of appeal of restricted patients etc.

      6. 64. Right of appeal of patients subject to restriction orders.

      7. 65. Right of appeal of patients subject to restriction directions.

      8. 66. Further consideration of case of conditionally discharged patient.

      9. 66A. Appeal to Court of Session against sheriff’s decisions under sections 64, 65 and 66

      10. 67. Application of sections 63 to 66 to other persons treated as restricted patients.

      11. 68. Powers of Secretary of State in respect of patients subject to restriction orders.

      12. 69. Persons ordered to be kept in custody during Her Majesty’s pleasure.

   2. Transfer to hospital or guardianship of prisoners etc.

      1. 70. Removal to hospital of persons in prison awaiting trial etc.

      2. 71. Removal to hospital of persons serving sentences of imprisonment and other prisoners.

      3. 71A. Further provision as to persons removed to hospital under section 71.

      4. 72. Restriction on discharge of prisoners removed to hospital.

      5. 73. Further provisions as to persons removed to hospital while awaiting trial etc.

      6. 74. Further provision as to transfer directions and restriction directions.

      7. 75. Further provisions as to civil prisoners and persons detained under the Immigration Act 1971.

   3. Supplementary

      1. 76. Interpretation of Part VI.

8. Part VII Removal and Return of Patients within United Kingdom etc.

   1. Removal to and from England and Wales

      1. 77. Removal of patients to England and Wales.

      2. 77A. Transfer of responsibility for patients to England and Wales.

      3. 78. Position of nearest relative on removal to England and Wales.

      4. 79. Position of nearest relative on removal to Scotland.

   2. Removal to and from Northern Ireland

      1. 80. Removal of patients to Northern Ireland.

      2. 80A. Transfer of responsibility for patients to Northern Ireland.

      3. 81. Removal to Scotland of patients from Northern Ireland.

      4. 81A. Transfer of responsibility for patients to Scotland from Northern Ireland.

   3. Other provisions as to removal

      1. 82. Removal of certain patients from Channel Islands and Isle of Man to Scotland.

      2. 82A. Responsibility for patients transferred from Channel Islands or Isle of Man to Scotland.

      3. 82B. Transfer of responsibility for patients to Channel Islands or Isle of Man.

      4. 83. Removal of alien patients.

   4. Return of patients absent without leave

      1. 84. Patients absent from hospitals in Scotland.

      2. 85. Patients absent from hospitals in Northern Ireland.

   5. Supplementary

      1. 86. Regulations for purposes of Part VII.

      2. 87. General provisions as to patients removed from Scotland.

      3. 88. Intimation of removal of patients to Scotland.

      4. 89. Interpretation of Part VII.

9. Part VIII State Hospitals

   1. 90. Provision of hospitals for patients requiring special security.

   2. 91. Administrative provisions.

10. Part IX Protection of Property of Patients

    1. 92. Duties of local authority in relation to property.

    2. 93. Power of Mental Welfare Commission to petition for appointment of curator bonis.

    3. 94. Powers of managers in relation to property of patients.

    4. 95. Reciprocal arrangements in relation to Northern Ireland as to exercise of powers.

11. Part X Consent to Treatment

    1. 96. Preliminary.

    2. 97. Treatment requiring consent and a second opinion.

    3. 98. Treatment requiring consent or a second opinion.

    4. 99. Review of treatment.

    5. 100. Plans of treatment.

    6. 101. Withdrawal of consent.

    7. 102. Urgent treatment.

    8. 103. Treatment not requiring consent.

12. Part XI Miscellaneous and General

    1. Offences

       1. 104. False statements.

       2. 105. Ill-treatment of patients.

       3. 106. Protection of mentally handicapped females.

       4. 107. Protection of patients.

       5. 108. Assisting patients to absent themselves without leave etc.

       6. 109. Obstruction.

    2. Miscellaneous provisions

       1. 110. Duty to give information to patients and nearest relatives.

       2. 111. Duty of managers to inform nearest relative of discharge of detained patients.

       3. 112. Religious persuasion of patients.

       4. 113. Duty of sheriff to give patient opportunity to be heard.

       5. 114. Provision for personal expenses of in-patients in hospital.

       6. 115. Correspondence of patients.

       7. 116. Review of decision to withhold postal packet.

       8. 117. Entry on premises and warrant to search for and remove patients.

       9. 118. Mentally disordered persons found in public places.

       10. 119. Code of practice.

    3. Supplementary

       1. 120. Provisions as to custody, conveyance and detention.

       2. 121. Retaking of patients escaping from custody.

       3. 121A. Warrants for arrest of escaped mental patients.

       4. 122. Protection for acts done in pursuance of this Act.

       5. 123. Inquiries.

       6. 124. General provisions as to regulations and orders.

       7. 125. Interpretation.

       8. 126. Preservation of amendments.

       9. 127. Consequential and transitional provisions and repeals.

       10. 128. Application to England and Wales.

       11. 129. Application to Northern Ireland.

       12. 130. Short title and commencement.

13. SCHEDULES

    1. SCHEDULE 1

       State Hospital Management Committees

       1. Part I

          1. Constitution

             1. 1. A State Hospital Management Committee shall be a body corporate...

             2. 2. A State Hospital Management Committee shall consist of a chairman...

             3. 3. Not less than one half of the members of a...

             4. 4. The application of the seal of a State Hospital Management...

             5. 5. Every document purporting to be an instrument issued by a...

       2. Part II

          1. Supplementary Provisions

             1. 6. Regulations may make provision— (a) as to the appointment, tenure...

             2. 7. The proceedings of a State Hospital Management Committee shall not...

             3. 8. The following provisions of the National Health Service (Scotland) Act...

    2. SCHEDULE 2

       Application of Provisions of Part V to Patients Subject to Hospital or Guardianship Orders

       1. Part I Hospital Order Without Restriction Order (Section 60(1)); Transfer From Prison Without Restriction (Section 71).

          1. 1. Sections 27, 31, to 31B,32, 35A, 53, 54, 55, 56...

          2. 2. Sections 22, 28, 29, 30, 33, 35, 35B, 57 and...

          3. 3. In section 22— (a) subsection (1) shall be omitted; and...

          4. 4. In section 28 subsection (4) shall be omitted.

          5. 5. In section 29(3) for the words from “as follows” to...

          6. 6. In section 30— (a) in subsection (1), for the words...

          7. 7. In section 33— (a) in subsection (1), for the words...

          8. 8. In section 35(1)— (a) the words “any of sections 26,...

          9. 8A. In section 35B(1) for the words “an application for admission”...

          10. 9. In section 57(4) for paragraphs (a) and (b) there shall...

          11. 10. In section 59 subsections (1)(b) ,(2) and (4)shall be omitted....

       2. Part II Hospital Order with Restriction Order, (Section 62) and Orders or Directions having the Like Effect (Sections 69, 70 and 72).

          1. 1. Sections 53, 54, 56 and 58 shall apply in relation...

          2. 2. Section 22, 27, 28, 29, 55, 57 and 59 shall...

          3. 3. In section 22— (a) subsection (1) shall be omitted;

          4. 4. In section 27— (a) in subsection (1) after the word...

          5. 5. In section 28 subsections (3) and (4) shall be omitted....

          6. 6. In section 29— (a) in subsection (1) after the word...

          7. 7. In section 55 subsection (3) shall be omitted.

          8. 8. In section 57(4) for paragraphs (a) and (b) there shall...

          9. 9. In section 59, subsections (1)(b) ,(2) and (4) shall be...

       3. Part III Guardianship Order (Section 61(2))

          1. 1. Sections 43, 44, 46, 48, to 48B, 53, 55, 56...

          2. 2. Sections 41, 45, 47, 49, 50, 52, 57 and 59...

          3. 3. In section 41— (a) in subsection (1) for the words...

          4. 4. In section 45(1) and (3) for the words “guardianship application”...

          5. 5. In section 47— (a) in subsection (1) for the words...

          6. 6. In section 49(1) for the words “this Part” there shall...

          7. 7. In section 50— (a) in subsection (1) for the words...

          8. 8. In section 52(1)— (a) for the words “either of sections...

          9. 9. In section 57(4) for paragraphs (a) and (b) there shall...

          10. 10. In section 59(1)— (a) in subsection (1) paragraph (a) shall...

    3. SCHEDULE 3

       Consequential Amendments

       1. The Improvement of Land Act 1864 (c. 114)

          1. 1. In section 68 for the words “Mental Health (Scotland) Act...

       2. The Colonial Prisoners Removal Act 1884 (c. 31)

          1. 2. In section 10(4)— (a) in paragraph (a) for the words...

       3. Nursing Homes Registration (Scotland) Act 1938 (c. 73)

          1. 3. In section 10(1)(ii) for the words “Mental Health (Scotland) Act...

       4. The Polish Resettlement Act 1947 (c. 19)

          1. 4. In section 11(3)(b) for the words “Mental Health (Scotland) Act...

       5. The Army Act 1955 (c. 18)

          1. 5. In section 116(7) for the words “section 64 of the...

       6. The Air Force Act 1955 (c. 19)

          1. 6. In section 116(7) for the words “section 64 of the...

       7. The Naval Discipline Act 1957 (c. 53)

          1. 7. In section 71(6) for the words “section 64 of the...

       8. Local Government (Scotland) Act 1966 (c. 51)

          1. 8. In Part II of Schedule 4 in paragraph 25 for...

       9. The Criminal Justice Act 1967 (c. 80)

          1. 9. In section 72— (a) in subsection (1)(b) for the words...

       10. The Courts-Martial (Appeals) Act 1968 (c. 20)

           1. 10. In section 20(4) for the words “Part V of the...

           2. 11. In section 23(1) for the words “Section 64 of the...

           3. 12. In section 25(4) for the words “Mental Health (Scotland) Act...

           4. 13. In section 43(4) for the words “Mental Health (Scotland) Act...

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

           1. 14. In section 1(4)(b) for the words “Mental Health (Scotland) Act...

           2. 15. In section 16(3) for the words “Mental Health (Scotland) Act...

           3. 16. In section 46— (a) in subsection (1) for the words...

           4. 17. In section 94(1)— (a) in the definition of “hospital” for...

       12. The Local Authority Social Services Act 1970 (c. 42)

           1. 18. In Schedule 1 for the words “Mental Health (Scotland) Act...

       13. Chronically Sick and Disabled Persons Act 1970 (c. 44)

           1. 19. In section 18(2) for the words “section 6 of the...

       14. The Guardianship Act 1973 (c. 29)

           1. 20. In section 10(7) for the words “Mental Health (Scotland) Act...

       15. Local Government (Scotland) Act 1973 (c. 65)

           1. 21. In section 64(5) for paragraph (bb) there shall be substituted...

       16. The Rehabilitation of Offenders Act 1974 (c. 53)

           1. 22. In section 5(7) for the words “Part V of the...

       17. The Criminal Procedure (Scotland) Act 1975 (c. 21)

           1. 23. In section 13— (a) in subsection (1)(b) for the words...

           2. 24. In section 25(2) for the words “Part IV of the...

           3. 25. In section 174A(1) for the words “section 6(1) of the...

           4. 26. In section 175(1) for the words “23(1)”, “25(1A)(a)” and “Mental...

           5. 27. In section 176(1) for the words “section 27 of the...

           6. 28. In section 178— (a) in subsection (1) for the words...

           7. 29. In section 184— (a) in subsection (1) for the words...

           8. 30. In section 322— (a) in subsection (1)(b) for the words...

           9. 31. In section 330(2) for the words “Part IV of the...

           10. 32. In section 375(A)(1) for the words “section 6(1) of the...

           11. 33. In section 376(1) for the words “23(1)”, “25(1)(a)” and “Mental...

           12. 34. In section 377(1) for the words “section 27 of the...

           13. 35. In section 379— (a) in subsection (1) for the words...

           14. 36. In section 385— (a) in subsection (1) for the words...

           15. 37. In section 462— (a) in the definition of “hospital” for...

       18. The Adoption (Scotland) Act 1978 (c. 28)

           1. 38. In section 32(3)(c) for the words “section 23 of the...

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

           1. 39. In section 100(1) for the words “Mental Health (Scotland) Act...

           2. 40. In section 102(1) for the words “Mental Health (Scotland) Act...

           3. 41. In section 108(1) in the definitions of “illness” and “state...

           4. 42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

       20. The Child Care Act 1980 (c. 5)

           1. 43. In section 79(5)(d) for the words “Mental Health (Scotland) Act...

       21. The Reserve Forces Act 1980 (c. 9)

           1. 44. In paragraph (2)(b) of Schedule 2 for the words “Mental...

       22. The Concessionary Travel for Handicapped Persons (Scotland) Act 1980 (c. 29)

           1. 45. In section 2(1)(a) for the words “Mental Health (Scotland) Act...

       23. Solicitors (Scotland) Act 1980 (c. 46)

           1. 46. In section 18(1) for the words “Mental Health (Scotland) Act...

       24. Tenants’ Rights, Etc. (Scotland) Act 1980 (c. 52)

           1. 47. In section 1(10)(o) for the words “section 89 of the...

       25. The Contempt of Court Act 1981 (c. 49)

           1. 48. In paragraph (10)(b) of Schedule 1 for the words “section...

       26. The Mental Health Act 1983 (c. 20)

           1. 49. In section 69(2)(a) for the words “section 73(2) of the...

           2. 50. In section 79(1)(c) for the words “section 73(2) of the...

           3. 51. In section 80, in subsections (4) and (7) for the...

           4. 52. In section 88(3)(a) for the words “Mental Health (Scotland) Act...

           5. 53. In section 90 for the words “Part VI of the...

           6. 54. In section 92(3) for the words “Part VI of the...

           7. 55. In section 116(2) for the words “Mental Health (Scotland) Act...

           8. 56. In section 135— (a) in subsection (2) for the words...

    4. SCHEDULE 4

       Transitional and Savings Provisions

       1. 1. Where, apart from this paragraph, anything done under or in...

       2. 2. Without prejudice to any express amendment by this Act, where...

       3. 3. Where any period of time specified in a repealed enactment...

       4. 4. (1) Nothing in this Act shall affect a repealed enactment...

       5. 5. This Act shall apply in relation to any authority for...

       6. 6. This Act shall apply to any application made before 30th...

       7. 7. Where on 30th September 1984 a person who has not...

       8. 8. This Act shall apply to any emergency recommendation or admission...

       9. 9. This Act shall apply in relation to any renewal of...

       10. 10. This Act shall apply in relation to the definition of...

       11. 11. (1) Section 98(3) of this Act shall not apply to...

       12. 12. In the case of a patient who is detained at...

       13. 13. Section 113 of this Act shall not apply in relation...

    5. SCHEDULE 5

       Repeals