Explanatory Notes

Mental Health (Scotland) Act 2015

2015 asp 9

4 August 2015

The Structure & a Summary of the Act

Part One – the 2003 Act

Section 37 – Review of deaths of patients in hospital for treatment

111.Section 37(1) requires Ministers to undertake a review of the arrangements for investigating the death of a patient who, at the time of death, was detained in hospital by virtue of the 2003 Act, the Criminal Procedure (Scotland) Act 1995, or who was admitted voluntarily to hospital for the purpose receiving treatment for a mental disorder. Section 37(2) requires that the review must be carried out within 3 years of the section coming into force.

112.Section 37(3) requires that in carrying out the review, Ministers must consult where practicable the nearest relatives of patients who are described in subsection (1) and consult others as appropriate. Section 37(4) requires that Ministers publish a report of the review, lay a copy of it before Parliament and notify persons consulted of its publication.