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

328Meaning of “mental disorder”

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(1)Subject to subsection (2) below, in this Act “mental disorder” means any—

(a)mental illness;

(b)personality disorder; or

(c)learning disability,

however caused or manifested; and cognate expressions shall be construed accordingly.

(2)A person is not mentally disordered by reason only of any of the following—

(a)sexual orientation;

(b)sexual deviancy;

(c)transsexualism;

(d)transvestism;

(e)dependence on, or use of, alcohol or drugs;

(f)behaviour that causes, or is likely to cause, harassment, alarm or distress to any other person;

(g)acting as no prudent person would act.