Search Legislation

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

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Mental Health (Care and Treatment) (Scotland) Act 2003, Part 2 is up to date with all changes known to be in force on or before 16 October 2019. 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. Help about Changes to Legislation

Close

Changes to Legislation

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.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part 2SOrganisation and administration of the Tribunal

Organisation and administration of the functions of the TribunalS

7(1)The functions of the Tribunal shall be discharged by such number of tribunals as may be determined from time to time by the President.S

(2)The Tribunal shall sit at such times and in such places as the President may determine.

(3)Subject to sub-paragraph (4) below, and to any rules made under paragraph 10(1) below, a tribunal constituted under sub-paragraph (1) above shall consist of—

(a)a convener who shall be—

(i)the President; or

(ii)a member selected by the President from the panel mentioned in paragraph 1(1)(a) above; and

(b)a member selected by the President from each of the panels mentioned in paragraph 1(1)(b) and (c) above.

(4)In relation to [F1proceedings [F2(other than excepted proceedings)] before the Tribunal in relation to a patient subject to a compulsion order and a restriction order, a hospital direction or a transfer for treatment direction], the convener shall be—

(a)the President; or

(b)a person selected by the President from the panel mentioned in paragraph 2 above.

[F3(4A)For the purpose of sub-paragraph (4) above, the following are excepted proceedings—

(a)proceedings relating solely to an application under section 255 or 256 of this Act, or

(b)proceedings relating to an application for a compulsory treatment order in respect of a patient subject to—

(i)a hospital direction, or

(ii)a transfer for treatment direction.]

(5)Subject to the provisions of this Act, regulations made under section 21 of this Act and rules made under paragraph 10 below, the President shall secure that the functions of the Tribunal are discharged efficiently and effectively.

(6)The President may—

(a)give such directions; and

(b)issue such guidance,

about the administration of the Tribunal as appear to the President to be necessary or expedient for the purpose of securing that the functions of the Tribunal are discharged efficiently and effectively.

Textual Amendments

F2Words in sch. 2 para. 7(4) substituted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 35(2)(a), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 17)

F3Sch. 2 para. 7(4A) inserted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 35(2)(b), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 17)

Modifications etc. (not altering text)

Commencement Information

I1Sch. 2 para. 7 in force at 3.5.2004 by S.S.I. 2004/153, art. 3, Sch. 2

Staff and accommodationS

8F4(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The persons mentioned in sub-paragraph (4) below shall, in so far as it is reasonably practicable to do so, provide, in response to a request by the President, accommodation for the holding of hearings by the Tribunal.

(4)The persons referred to in sub-paragraph (3) above are—

(a)a Health Board;

(b)the State Hospitals Board for Scotland;

(c)a local authority.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I2Sch. 2 para. 8 in force at 3.5.2004 by S.S.I. 2004/153, art. 3, Sch. 2

FinanceS

9Such expenses of the Tribunal as the Scottish Ministers may determine shall be defrayed by the Scottish Ministers.

Commencement Information

I3Sch. 2 para. 9 in force at 3.5.2004 by S.S.I. 2004/153, art. 3, Sch. 2

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

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?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

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?

You have chosen to open the Whole Act without Schedules

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?

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

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.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources