The Mental Health (Care and Treatment) (Scotland) Act 2003 (Commencement No. 4) Order 2005

Scottish Statutory Instruments

2005 No.161 (C.6)

MENTAL HEALTH

The Mental Health (Care and Treatment) (Scotland) Act 2003 (Commencement No. 4) Order 2005

Made

17th March 2005

The Scottish Ministers, in exercise of the powers conferred by section 333(2), (3) and (4) of the Mental Health (Care and Treatment) (Scotland) Act 2003(1), hereby make the following Order:

Citation and interpretation

1.  (1)  This Order may be cited as the Mental Health (Care and Treatment) (Scotland) Act 2003 (Commencement No. 4) Order 2005.

(2) In this Order, “the Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003.

Appointed days

2.  The provisions of the Act specified in column 1 of Schedule 1 to this Order and whose subject matter is specified in column 2 of that Schedule shall come into force on 21st March 2005, but, where a particular purpose is specified in relation to any provision in column 3 of that Schedule, that provision shall come into force on that day only for that purpose.

3.  All the provisions of the Act shall, in so far as not then in force, come into force on 5th October 2005, with the exception of Chapter 3 of Part 17 (detention in conditions of excessive security).

4.  The provisions of the Act specified in column 1 of Schedule 2 to this Order and whose subject matter is specified in column 2 of that Schedule shall come into force on 6th January 2006 but, where a particular purpose is specified in relation to any provision in column 3 of that Schedule, that provision shall come into force on that day only for that purpose.

RHONA BRANKIN

A member of the Scottish Executive

St Andrew’s House, Edinburgh

17th March 2005

Article 2

SCHEDULE 1PROVISIONS OF THE ACT COMING INTO FORCE ON 21ST MARCH 2005

Column 1Column 2Column 3
Provision of the ActSubject matterPurpose
Section 15Medical examinationOnly for the purpose of enabling regulations to be made
Section 17Duties of Scottish Ministers, local authorities and others as respects CommissionOnly for the purpose of enabling regulations to be made
Section 22Approved medical practitionersOnly for the purposes of enabling directions to be made and medical practitioners to be approved
Section 32Appointment of mental health officersOnly for the purpose of enabling directions to be made
Section 36Emergency detention in hospitalOnly for the purpose of enabling regulations to be made
Section 44Short term detention in hospitalOnly for the purpose of enabling regulations to be made
Section 47Extension of detention pending application for compulsory treatment orderOnly for the purpose of enabling regulations to be made
Section 58Medical examination: requirementsOnly for the purpose of enabling regulations to be made
Section 64Powers of Tribunal on application under section 63: compulsory treatment orderOnly for the purpose of enabling regulations to be made
Section 66Measures that may be authorisedOnly for the purpose of enabling regulations to be made
Section 76Care plan: preparation, placing in medical records etc.Only for the purpose of enabling regulations to be made
Section 87Determination extending order: notification etc.Only for the purpose of enabling regulations to be made
Section 92Application to TribunalOnly for the purpose of enabling regulations to be made
Section 95Application to Tribunal by responsible medical officerOnly for the purpose of enabling regulations to be made
Section 96Recorded matters: reference to Tribunal by responsible medical officerOnly for the purpose of enabling regulations to be made
Section 109Ancillary powers of TribunalOnly for the purpose of enabling regulations to be made
Section 133Mentally disordered offenders: compulsion ordersOnly for the purpose of enabling regulations to be made
Section 134Power of court to detain acquitted personsOnly for the purpose of enabling regulations to be made
Section 137Part 9 care planOnly for the purpose of enabling regulations to be made
Section 149Application to Tribunal for extension of order following first reviewOnly for the purpose of enabling regulations to be made
Section 153Determination extending compulsion order: notificationOnly for the purposes of enabling regulations to be made
Section 158Application to Tribunal for extension and variation of compulsion orderOnly for the purpose of enabling regulations to be made
Section 161Application to Tribunal by responsible medical officerOnly for the purpose of enabling regulations to be made
Section 173Applications to Tribunal: ancillary powersOnly for the purpose of enabling regulations to be made
Section 191Application to TribunalOnly for the purpose of enabling regulations to be made
Section 231Social circumstances report: mental health officer’s dutiesOnly for the purpose of enabling regulations to be made
Section 233Designated medical practitionersOnly for the purposes of enabling regulations to be made, compiling lists of medical practitioners and requiring those medical practitioners to undertake training
Section 234Certain surgical operations etc.Only for the purpose of enabling regulations to be made
Section 237Electro-convulsive therapy etc.Only for the purpose of enabling regulations to be made
Section 240Treatments given over period of time etc.Only for the purpose of enabling orders and regulations to be made
Section 244Scottish Ministers' power to make provision in relation to treatment for certain informal patientsOnly for the purpose of enabling regulations to be made
Section 245Certificates under sections 235, 236, 239 and 241Only for the purpose of enabling regulations to be made
Section 246Certificates under section 238Only for the purpose of enabling regulations to be made
Section 256Named person: application by patient etc.Only for the purpose of enabling regulations to be made
Section 260Provision of information to patientOnly for the purpose of enabling regulations to be made
Section 279Information for researchOnly for the purpose of enabling regulations to be made
Section 281Correspondence of certain persons detained in hospitalOnly for the purpose of enabling regulations to be made
Section 282Correspondence: supplementaryOnly for the purpose of enabling regulations to be made
Section 283Review of decision to withhold postal packetOnly for the purpose of enabling regulations to be made
Section 284Certain persons detained in hospital: use of telephonesOnly for the purpose of enabling regulations to be made
Section 285Directions as to implementation of regulations under section 284(1)Only for the purpose of enabling directions to be made
Section 286Safety and security in hospitalsOnly for the purpose of enabling directions and regulations to be made
Section 289Cross border transfer: patients subject to requirement other than detentionOnly for the purpose of enabling regulations to be made
Section 290Cross border transfer: patients subject to detention requirement or otherwise in hospitalOnly for the purpose of enabling regulations to be made
Section 293Removal orderOnly for the purpose of enabling regulations to be made
Section 295Recall or variation of removal orderOnly for the purpose of enabling regulations to be made
Section 298Removal under section 297: further provisionOnly for the purpose of enabling regulations to be made
Section 299Nurse’s power to detain pending medical examinationOnly for the purpose of enabling regulations to be made
Section 309Patients from other jurisdictionsOnly for the purpose of enabling regulations to be made
Section 310Regulations as to absconding by other patientsOnly for the purpose of enabling regulations to be made
Section 313Persons providing care services: sexual offencesOnly for the purpose of enabling regulations to be made
Section 324Appeals: general provisionsOnly for the purpose of enabling regulations to be made
Section 327Directions
Schedule 1, paragraph 3MembershipOnly for the purpose of enabling orders and regulations to be made
Schedule 1, paragraph 8Regulations as to proceedings and delegation of functionsOnly for the purpose of enabling regulations to be made

Article 4

SCHEDULE 2PROVISIONS OF THE ACT COMING INTO FORCE ON 6TH JANUARY 2006

Column 1Column 2Column 3
Provision of the ActSubject matterPurpose
Section 268Detention in conditions of excessive security: hospitals other than state hospitalsOnly for the purpose of enabling regulations to be made
Section 273Interpretation of ChapterOnly for the purpose of enabling regulations to be made

Explanatory Note

(This note is not part of the Order)

This Order appoints dates for the coming into force of the remaining provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the Act”). The Act received Royal Assent on 25th April 2003.

Article 2 appoints 21st March 2005 as the day for the coming into force of the provisions of the Act specified in Schedule 1 to this Order. With the exception of section 327 (which is brought into force fully), these provisions are all brought into force for the limited purposes of making orders, directions and regulations. In addition, sections 22 and 233 are brought into force for purposes related to approving and designating medical practitioners.

Article 3 appoints 5th October 2005 as the day for the coming into force of the remaining provisions of the Act (with the exception of Chapter 3 of Part 17) to the extent that they are not already in force at that date.

Chapter 3 of Part 17 of the Act (detention in conditions of excessive security) comes into force on 1st May 2006 by virtue of section 333(2) of the Act. However, in exercise of the power conferred by that section, article 4 advances the date when sections 268 and 273 are brought into force, for the purpose of making regulations. That advanced date is 6th January 2006.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Act have been brought into force by Commencement Order made before the date of this Order:–

ProvisionDate of CommencementS.S.I. No.
Section 4(3) (partially)1st July 20032003/316
Section 21(1) and (3)3rd May 20042004/153
Section 21(4) (partially)26th March 20042004/153
Section 21(4) (partially)3rd May 20042004/153
Section 250 (partially)1st September 20042004/367
Section 2504th October 20042004/367
Section 253 (partially)1st September 20042004/367
Section 2534th October 20042004/367
Section 2581st September 20042004/367
Section 27426th March 20042004/153
Section 275 (partially)1st September 20042004/367
Section 2754th October 20042004/367
Section 32926th March 20042004/153
Schedule 1, paragraph 101st July 20032003/316
Schedule 2, paragraph 1(1) (partially)26th March 20042004/153
Schedule 2, paragraph 1(1)1st September 20042004/367
Schedule 2, paragraph 1(2)(c) (partially)26th March 20042004/153
Schedule 2, paragraph 1(2)3rd May 20042004/153
Schedule 2, paragraphs 3 to 13, 15 and 163rd May 20042004/153
Schedule 2, paragraph 3(3) (partially)26th March 20042004/153