- Latest available (Revised)
- Original (As enacted)
Mental Health (Care and Treatment) (Scotland) Act 2003, Chapter 1 is up to date with all changes known to be in force on or before 16 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Subject to subsection (3) below, the persons mentioned in subsection (2) below shall each compile and maintain a list of medical practitioners who—
(a)have such qualifications and experience, and have undertaken such training, as may be specified in directions given by the Scottish Ministers; and
(b)are approved for the purposes of this paragraph by the Board concerned as having special experience in the diagnosis and treatment of mental disorder.
(2)Those persons are—
(a)a Health Board; and
(b)the State Hospitals Board for Scotland.
(3)A list compiled by a Health Board under subsection (1) above shall be compiled for its area.
(4)A medical practitioner included for the time being in any list maintained under subsection (1) above is referred to in this Act as an “approved medical practitioner”.
Commencement Information
I1S. 22 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1
I2S. 22 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)
(1)A Health Board shall provide for any child or young person who—
(a)is detained in hospital under Part 5 or 6 of this Act; or
(b)has been admitted to hospital, whether voluntarily or not, for the purposes of receiving treatment for a mental disorder,
such services and accommodation as are sufficient for the particular needs of that child or young person.
(2)In this section, “child or young person” means a person under the age of 18 years.
Commencement Information
I3S. 23 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)
(1)A Health Board shall provide for any woman who—
(a)is the mother or adoptive mother of a child less than one year old;
(b)cares for the child;
(c)is not likely to endanger the health or welfare of the child; and
(d)has been admitted to hospital, whether voluntarily or not, for the purposes of receiving treatment [F2for—
(i)post-natal depression; or
(ii)a mental disorder (other than post-natal depression),]
such services and accommodation as are necessary to ensure that the woman is able, if she wishes, to care for the child in hospital.
[F3(1A)But a Health Board is required to provide services and accommodation under subsection (1) above only if it is satisfied that doing so would be beneficial to the wellbeing of the child.]
(2)Each Health Board shall collaborate with other Health Boards to whatever extent is necessary to fulfil its duty under subsection (1) above.
Textual Amendments
F1S. 24 title substituted by virtue of (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 31(3), 61(2); S.S.I. 2017/197, art. 2, sch.
F2Words in s. 24(1)(d) substituted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 31(2)(a), 61(2); S.S.I. 2017/197, art. 2, sch.
F3S. 24(1A) inserted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 31(2)(b), 61(2); S.S.I. 2017/197, art. 2, sch.
Commencement Information
I4S. 24 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)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: