Mental Health (Scotland) Act 1984

Part III E+W+S Local Authority Services

7 Functions of local authorities. S

(1) In relation to persons who are or have been suffering from mental disorder a local authority may, with the approval of the Secretary of State and shall, to such extent as he may direct, make arrangements for any of the following purposes—

(a) the provision, equipment and maintenance of residential accommodation, and the care of persons for the time being resident in accommodation so provided;

(b) the exercise by the local authority of their functions F1 . . . in respect of persons under guardianship (whether under the guardianship of a local authority or of any other person);

(c) the provision of any ancillary or supplementary services;

(d) the supervision of persons suffering from mental handicap who are neither liable to detention in a hospital nor subject to guardianship.

(2) The reference in subsection (1)(a) of this section to the care of persons for the time being resident in accommodation provided by a local authority includes, in the case of persons so resident who are under the age of 16 years, the payment to those persons of such amounts as the local authority think fit in respect of their personal expenses where it appears to that authority that no such payment would otherwise be made.

[F2 (3) No arrangements under paragraph (a) or (c) of subsection (1) above may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies solely—

(a) because he is destitute; or

(b) because of the physical effects, or anticipated physical effects, of his being destitute.

(4) Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (3) above as they apply for the purposes of that section, but for the references in subsection (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.]

Textual Amendments

F1 Words in s. 7(1)(b) repealed (1.4.2002) by 2000 asp 4, s. 88(3), Sch. 6; S.I. 2001/81, art. 3, Sch. 2

F2 S. 7(3)(4) inserted (3.4.2000) by 1999 c. 33, ss. 120(4), 169(2), 170(4), Sch. 15 para. 10; S.I. 2000/464, art. 2, Sch.

8 Provision of after-care services. S

(1) A local authority shall provide after-care services for any persons who are or have been suffering from mental disorder [F3 and shall (without prejudice to the foregoing) provide or arrange for the provision of after-care services for any person who is subject to a community care order].

(2) In providing after-care services under subsection (1) of this section a local authority shall co-operate with such health board or boards and such voluntary organisations as appear to the local authority to be concerned.

(3) The duty imposed by this section is without prejudice to any other power or duty which a local authority may have in relation to the provision of after-care services.

[F4 (4) After care services may not be provided under subsection (1) above in respect of any person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies solely—

(a) because he is destitute; or

(b) because of the physical effects, or anticipated physical effects, of his being destitute.

(5) Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (4) above as they apply for the purposes of that section, but for the references in subsection (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.]

Textual Amendments

F3 Words in s. 8(1) inserted (1.4.1996) by 1995 c. 52, ss. 4(2), 7(2), Sch. 2, para. 3

F4 S. 8(4)(5) inserted (3.4.2000) by 1999 c. 33, ss. 120(5), 169(2), 170(4), Sch. 15 para. 10; S.I. 2000/464, art. 2, Sch.

9 Appointment of mental health officers. S

(1) A local authority shall appoint a sufficient number of persons for the purpose of discharging in relation to their area the functions of mental health officers under this Act.

(2) Any officer appointed by a local authority to act as a mental health officer after the date of coming into force of section 64(4) of the M1 Local Government (Scotland) Act 1973 (that is to say, 16th May 1975) but before 16th August 1983 shall be deemed to have been appointed under subsection (1) of this section as if that subsection and section 64(5)(bb) of the said Act of 1973 had come into force on 16th May 1975.

(3) On and after a day appointed by the Secretary of State by order, no person shall be appointed to act as a mental health officer under subsection (1) of this section unless he is approved by the local authority as having competence in dealing with persons who are suffering from mental disorder; and before appointing a person to act as a mental health officer, a local authority shall—

(a) ensure that the person has such qualifications, experience and competence in dealing with persons suffering from mental disorder; and

(b) have regard to such other matters,

as the Secretary of State may direct.

(4) No person appointed to act as a mental health officer before the appointed day shall continue so to act on or after the appointed day unless—

(a) he is approved by the local authority as having competence in dealing with persons who are suffering from mental disorder; and

(b) the local authority are satisfied that he has such qualifications, experience and competence in dealing with persons who are suffering from mental disorder as the Secretary of State may direct.

Modifications etc. (not altering text)

C1 1.4.1986 appointed by S.I. 1986/374, art. 2

Marginal Citations

M1 1973 c. 65.

10 Welfare of certain hospital patients. E+W+S

(1) The provisions of this section shall apply to any patient suffering from mental disorder who is—

(a) a child or young person in respect of whom the rights and powers of a parent are vested in a local authority by virtue of—

[F5 (i) section 17 of the M2 Social Work (Scotland) Act 1968; or]

(ii) section 3 of the M3 Child Care Act 1980 (which relates to the assumption by a local authority of parental rights and duties in relation to a child in their care); or

(iii) section 10 of the said Act of 1980 (which relates to the powers and duties of local authorities in England and Wales with respect to persons committed to their care);

[F6 (aa) a child or young person in relation to whom parental rights and responsibilities have been transferred to a local authority by virtue of section 86(1) of the Children (Scotland) Act 1995;]

(b) a person who is under the guardianship of a local authority under [F7 the following provisions of this Act or under] the provisions of the M4 Mental Health Act 1983; or

(c) a person the functions of whose nearest relative under this Act or under the Mental Health Act 1983 are for the time being transferred to a local authority.

(2) Where [F8 , in Scotland, a patient to whom this section applies is (whether for treatment for mental disorder or for any other reason) admitted to any hospital or to accommodation provided by a care home service] then, without prejudice to their duties in relation to the patient apart from the provisions of this section, the authority having rights or functions in relation to him as aforesaid shall arrange for visits to be made to him on their behalf, and shall take such other steps in relation to the patient while in the hospital or [F9 accommodation] as would be expected of a parent.

Textual Amendments

F5 S. 10(1)(a)(i) and word “or” immediately following that subpara. repealed (S.) (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 33(2)(a), Sch. 5; S.I. 1996/3201, art. 3(7) (as substituted (7.3.1997) by S.I. 1997/744, art. 2)

F6 S. 10(1)(aa) inserted (S.) (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 33(2)(b); S.I. 1996/3201, art. 3(7) (as substituted (7.3.1997) by S.I. 1997/744, art. 2)

F7 Words in s. 10(1)(b) repealed (S.) (1.4.2002) by 2000 asp 4, s. 88(3), Sch. 6; S.S.I. 2001/81, art. 3, Sch. 2

F8 Words in s. 10(2) substituted (S.) (1.4.2002) by 2001 asp 8, ss. 79, 81(2), Sch. 3 para. 11(3)(a); S.S.I. 2002/162, art. 2(f)(h) (subject to arts. 3-13)

F9 Words in s. 10(2) substituted (S.) (1.4.2002) by 2001 asp 8, ss. 79, 81(2), Sch. 3 para. 11(3)(b); S.S.I. 2002/162, art. 2(f)(h) (subject to arts. 3-13)

Marginal Citations

M2 1968 c. 49.

M3 1980 c. 5.

M4 1983 c. 20.

11 The training and occupation of the mentally handicapped. S

(1) Without prejudice to the operation of[F10 (a)]section 1 of the M5 Education (Scotland) Act 1980 (which among other things imposes a duty on education authorities to provide educational facilities for pupils who suffer from disability of mind) [F11 or

(b) section 1 of the Further and Higher Education (Scotland) Act 1992 (which imposes a duty on the Secretary of State to secure the provision of adequate and efficient further education in Scotland),]

it shall be the duty of the local authority to provide or secure the provision of suitable training and occupation for persons suffering from mental handicap who are over school age within the meaning of the Education (Scotland) Act 1980:

Provided that this subsection shall not apply in the case of a person in a hospital.

(2) A local authority shall make such provision as they may think necessary for securing that transport is available for the conveyance of persons for the purpose of their training and occupation under this section; and accordingly section 45 of the M6 National Health Service (Scotland) Act 1978 (which relates to the provision by the Secretary of State of ambulances and other means of transport), shall not have effect in relation to the conveyance of persons as aforesaid.

(3) Where a local authority makes arrangements with any voluntary organisation for the performance by that organisation of any services in connection with the duties of the local authority under this section, the local authority may make contributions to the funds of that voluntary organisation.

Textual Amendments

F10 In s. 11(1), "(a)" inserted (1.4.1993) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9, para. 9(a); S.I. 1992/817, art. 3(2), Sch.4

F11 S. 11(1)(b) and word "or" preceding it inserted (1.4.1993) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9, para. 9(b); S.I 1992/817, art. 3(2), Sch.4

Marginal Citations

M5 1980 c. 44.

M6 1978 c. 29.