Search Legislation

Public Services Reform (Scotland) Act 2010

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

Point in time view latest with prospective.This version of this part contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Public Services Reform (Scotland) Act 2010. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

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

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Part 7 SThe Mental Welfare Commission for Scotland

111The Mental Welfare Commission for ScotlandS

(1)The Mental Health (Care and Treatment) Scotland Act 2003 (asp 13) is amended as follows.

(2)In section 4 (Mental Welfare Commission for Scotland), after subsection (2) insert—

(2A)In so discharging its functions, the Commission shall act in a manner which seeks to protect the welfare of persons who have a mental disorder..

(3)After section 4 insert—

Commission VisitorsS

4ACommission Visitors

(1)Commission Visitors are to exercise the functions conferred on them by this Act or any other enactment on behalf of the Commission.

(2)Commission Visitors may, in addition to the other functions conferred in this Part, exercise the functions of the Commission mentioned in—

(a)section 8A of this Act;

(b)section 9(1)(d) of the Adults with Incapacity (Scotland) Act 2000 (asp 4).

(3)The Commission may give the Commission Visitors directions of a general or specific nature in relation to the exercise of the functions conferred on them.

(4)A Commission Visitor must—

(a)comply with any direction given under subsection (3); and

(b)act in accordance with any guidance issued by the Commission in relation to the exercise of the functions of Commission Visitors.

(5)A Commission Visitor acting in the exercise of any function must, if required, produce evidence of the Commission Visitor's authority.

(6)In this Act, “Commission Visitors” are persons appointed under paragraph 7A(1) or (2) of schedule 1 to this Act..

(4)In section 5 (duty to monitor operation of Act and promote best practice)—

(a)in paragraph (a), for “operation” substitute “ practical application of the observance of Part 1 ”,

(b)in paragraph (b), for the words from “operation” to the end of the paragraph substitute “ practical application of the observance of Part 1 of this Act ”.

(5)After section 8 insert—

8ADuty to raise service concerns with certain bodies

(1)The Commission shall, as it considers appropriate, raise any concerns (of a general or specific nature) about the provision of any service mentioned in subsection (2) as respects a person who has a mental disorder, with—

(a)Social Care and Social Work Improvement Scotland;

(b)Healthcare Improvement Scotland; or

(c)such other relevant persons, or group of persons.

(2)The services are—

(a)any social service (within the meaning of Part 5 of the Public Services Reform (Scotland) Act 2010 (asp 8));

(b)health care (within the meaning of section 10A of the National Health Service (Scotland) Act 1978 (c. 29)).

(3)In subsection (1), the “provision” of any service includes the organisation or co-ordination of any such service..

(6)After section 9 insert—

9ADuty to give advice: further provision

The Commission shall when asked to do so provide advice, so far as is reasonable, to any person about any matters relevant to the functions of the Commission..

(7)In section 10 (publishing information, guidance etc.), after subsection (2) add—

(3)The Commission may, with the agreement of a person to whom advice is provided under section 9A, publish that advice..

(8)In section 11 (investigations)—

(a)in subsection (1)—

(i)for “the Commission”, where it first occurs, substitute “ a Commission Visitor ”,

(ii)after “Commission”, where it second occurs, insert “ Visitor ”,

(iii)in paragraph (a), for “it” substitute “ the Commission Visitor ”,

(iv)in paragraph (b), for “it” substitute “ the Commission Visitor ”,

(b)after that subsection insert—

(1A)Where it is brought to the attention of the Commission that any of the circumstances mentioned in subsection (2) below may apply in respect of a patient, the Commission may—

(a)direct a Commission Visitor to carry out such investigation as the Commission considers appropriate into the patient's case; and

(b)having consulted the Visitor after the investigation, make such recommendations as it considers appropriate as respects the case..

(9)In section 12 (investigations: further provision), in subsection (1), for “under section 11(1)” substitute “ in relation to any of the circumstances mentioned in section 11(2) ”.

(10)In section 13 (visits in relation to patients)—

(a)in subsection (1)—

(i)for “person authorised by it” substitute “ Commission Visitor ”,

(ii)after “Commission”, in the second place it occurs, insert “ Visitor ”,

(iii)for “it”, in the third place it occurs, substitute “ the Commission Visitor ”,

(b)in subsection (3)—

(i)for “person authorised by the Commission” substitute “ Commission Visitor ”,

(ii)the words “either of” are repealed,

(iii)for “subsection (5)” substitute “ subsection (5A) ”,

(c)for subsection (5) substitute—

(5A)The purposes are—

(a)to provide an opportunity for any patient who may for the time being be present in the premises to meet a Commission Visitor and discuss with the Visitor any concerns that the patient may have; and

(b)to assess whether the requirements of such patients in relation to this Act, the Adults with Incapacity (Scotland) Act 2000 (asp 4) and other relevant legislation are being met.

(5B)A Commission Visitor may, when visiting premises under subsection (3), conduct an assessment of the suitability of the premises (and its facilities) in relation to the requirements of the patients (or any one of them).,

(d)subsection (7) is repealed,

(e)in subsection (8)—

(a)in paragraph (a), for “section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8)” substitute “ paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8) ”,

(b)in paragraph (b), for “section 2(9) of” substitute “ paragraph 6 of schedule 12 to ”.

(11)In section 14 (interviews)—

(a)in subsection (1), for “person authorised to do so by the Commission (an “authorised person”)” substitute “ Commission Visitor ”,

(b)in subsection (1)(a)(ii), for “authorised person” substitute “ Commission Visitor ”,

(c)in subsection (2)(a)—

(i)for “an authorised person” substitute “ a Commission Visitor ”,

(ii)in sub-paragraph (ii), for “authorised person” substitute “ Commission Visitor ”,

(iii)for “authorised person”, in the third place it occurs, substitute “ Commission Visitor ”,

(d)in subsection (2)(b)—

(i)for “an authorised person” substitute “ a Commission Visitor ”,

(ii)for “authorised person” in the second place it occurs, substitute “ Commission Visitor ”,

(e)subsection (3) is repealed.

(12)In section 15 (medical examination)—

(a)in subsection (1), for “person authorised by the Commission (an “authorised person”) ”substitute “ Commission Visitor ”,

(b)after that subsection insert—

(1A)Only a Commission Visitor who has also been appointed as a Medical Visitor may exercise the functions under subsection (1).,

(c)subsections (2) and (3) are repealed.

(13)In section 16 (inspection etc. of records)—

(a)in subsection (1)—

(i)immediately before “may” insert “ or Commission Visitor ”,

(ii)at the end add “ or, as the case may be, the Commission Visitor ”,

(b)in subsection (2), paragraph (a) and the word “or” immediately following are repealed,

(c)in subsection (3), the words “a member of the Commission or, as the case may be,” are repealed.

(14)In section 17 (duties of Scottish Ministers, local authorities and others as respects Commission), after “afford the Commission,” insert “ any Commission Visitor, ”.

(15)Schedule 18 (which makes provision about the governance of the Commission, and Commission Visitors) has effect.

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 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?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules 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?

You have chosen to open Schedules only

The 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.

Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.

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 Executive department responsible for the subject matter of the Act 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 enactedversion 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

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