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

Prospective

20Protection from actions of defamationS

This sectionnoteType=Explanatory Notes has no associated

(1)For the purposes of the law of defamation, any statement made in pursuance of any of sections 6, 7 to 10 and 18(1) of this Act by the Commission, or any of its employees, shall be privileged unless such statement is shown to be made with malice.

(2)In this section—

  • statement” has the same meaning as in the Defamation Act 1996 (c. 31); and

  • employees” shall be construed in accordance with paragraph 7 of schedule 1 to this Act.