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Mental Health (Scotland) Act 1984

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part I Application of Act

    1. 1.Application of Act: " mental disorder "

  3. Part II Mental Welfare Commission

    1. 2.Mental Welfare Commission

    2. 3.Functions and duties of the Mental Welfare Commission

    3. 4.Proceedings and evidence at enquiries under section 3

    4. 5.Duties of the Secretary of State and of local authorities in relation to the Mental Welfare Commission

    5. 6.Appointment and payment of staff

  4. Part III Local Authority Services

    1. 7.Functions of local authorities

    2. 8.Provision of after-care services

    3. 9.Appointment of mental health officers

    4. 10.Welfare of certain hospital patients

    5. 11.The training and occupation of the mentally handicapped

  5. Part IV Private Hospitals

    1. 12.Registration of private hospitals

    2. 13.Pre-requisites of registration

    3. 14.Control of private hospitals

    4. 15.Cancellation and continuance in certain circumstances of registration

    5. 16.Offences against this Part of this Act and penalties

  6. Part V Admission to and Detention in Hospital and Guardianship

    1. Grounds for hospital admission

      1. 17.Patients liable to be detained in hospital

    2. Procedure for admission of patients: hospital

      1. 18.Admission and detention of patients: hospital

      2. 19.General provisions as to applications: hospital

      3. 20.Medical recommendations: hospital

      4. 21.Approval of applications by the sheriff: hospital

      5. 22.Effect of applications: hospital

      6. 23.Rectification of application and recommendations: hospital

      7. 24.Emergency admission: hospital

      8. 25.Detention of patients already in hospital

      9. 26.Short term detention

    3. Care and treatment of patients: hospital

      1. 27.Leave of absence from hospital

      2. 28.Return and re-admission of patients absent without leave: hospital

      3. 29.Transfer of patients: hospital

    4. Duration of authority for detention and discharge of patients: hospital

      1. 30.Duration of authority: hospital

      2. 31.Special provisions as to patients absent without leave: hospital

      3. 32.Special provisions as to patients sentenced to imprisonment etc.: hospital

      4. 33.Discharge of patients: hospital

      5. 34.Restrictions on discharge by nearest relative: hospital

    5. Appeals: hospital

      1. 35.Appeals to the sheriff: hospital

    6. Grounds for reception into guardianship

      1. 36.Patients liable to be received into guardianship

    7. Procedure for reception of patients: guardianship

      1. 37.Reception of patients into guardianship

      2. 38.General provisions as to applications: guardianship

      3. 39.Medical recommendations: guardianship

      4. 40.Approval of applications by the sheriff: guardianship

      5. 41.Effect of applications: guardianship

      6. 42.Rectification of application and recommendations: guardianship

    8. Care and treatment of patients: guardianship

      1. 43.Regulations as to guardianship

      2. 44.Return of patients absent without leave: guardianship

      3. 45.Transfer of patients: guardianship

      4. 46.Transfer of guardianship in case of death, incapacity etc of guardian

    9. Duration of authority for guardianship and discharge of patients

      1. 47.Duration of authority: guardianship

      2. 48.Special provisions as to patients absent without leave: guardianship

      3. 49.Special provisions as to patients sentenced to imprisonment, etc.: guardianship

      4. 50.Discharge of patients: guardianship

      5. 51.Restrictions on discharge by nearest relative: guardianship

    10. Appeals: guardianship

      1. 52.Appeals to the sheriff: guardianship

    11. Functions of relatives of patients

      1. 53.Definition of " relative " and " nearest relative "

      2. 54.Children and young persons in care of local authority

      3. 55.Nearest relative of child under guardianship etc

      4. 56.Appointment by sheriff of acting nearest relative

      5. 57.Discharge and variation of orders under s. 56

    12. Supplementary

      1. 58.Regulations for purposes of Part V

      2. 59.Interpretation of Part V

  7. Part VI Detention of Patients Concerned in Criminal Proceedings Etc. and Transfer of Patients under Sentence

    1. Provisions for compulsory detention and guardianship of patients charged with offences etc

      1. 60.Effect of hospital orders

      2. 61.Effect of guardianship orders

      3. 62.Effect of restriction orders

      4. 63.Right of appeal of restricted patients etc

      5. 64.Right of appeal of patients subject to restriction orders

      6. 65.Right of appeal of patients subject to restriction directions

      7. 66.Further consideration of case of conditionally discharged patients

      8. 67.Application of sections 63 to 66 to other persons treated as restricted patients

      9. 68.Powers of Secretary of State in respect of patients subject to restriction orders

      10. 69.Persons ordered to be kept in custody during Her Majesty's pleasure

    2. Transfer to hospital or guardianship of prisoners etc

      1. 70.Removal to hospital of persons in prison awaiting trial etc

      2. 71.Removal to hospital of persons serving sentences of imprisonment and other prisoners

      3. 72.Restriction on discharge of prisoners removed to hospital

      4. 73.Further provisions as to persons removed to hospital while awaiting trial etc

      5. 74.Further provisions as to prisoners under sentence

      6. 75.Further provisions as to civil prisoners and persons detained under the Immigration Act 1971

    3. Supplementary

      1. 76.Interpretation of Part VI

  8. Part VII Removal and Return of Patients within United Kingdom Etc

    1. Removal to and from England and Wales

      1. 77.Removal of patients to England and Wales

      2. 78.Position of nearest relative on removal to England and Wales

      3. 79.Position of nearest relative on removal to Scotland

    2. Removal to and from Northern Ireland

      1. 80.Removal of patients to Northern Ireland

      2. 81.Removal to Scotland of patients from Northern Ireland

    3. Other provisions as to removal

      1. 82.Removal of certain patients from Channel Islands and Isle of Man to Scotland

      2. 83.Removal of alien patients

    4. Return of patients absent without leave

      1. 84.Patients absent from hospitals in Scotland

      2. 85.Patients absent from hospitals in Northern Ireland

    5. Supplementary

      1. 86.Regulations for purposes of Part VII

      2. 87.General provisions as to patients removed from Scotland

      3. 88.Intimation of removal of patients to Scotland

      4. 89.Interpretation of Part VII

  9. Part VIII State Hospitals

    1. 90.Provision of hospitals for patients requiring special security

    2. 91.Administrative provisions

  10. Part IX Protection of Property of Patients

    1. 92.Duties of local authority in relation to property

    2. 93.Power of Mental Welfare Commission to petition for appointment of curator bonis

    3. 94.Powers of managers in relation to property of patients

    4. 95.Reciprocal arrangements in relation to Northern Ireland as to exercise of powers

  11. Part X Consent to Treatment

    1. 96.Preliminary

    2. 97.Treatment requiring consent and a second opinion

    3. 98.Treatment requiring consent or a second opinion

    4. 99.Review of treatment

    5. 100.Plans of treatment

    6. 101.Withdrawal of consent

    7. 102.Urgent treatment

    8. 103.Treatment not requiring consent

  12. Part XI Miscellaneous and General

    1. Offences

      1. 104.False statements

      2. 105.Ill-treatment of patients

      3. 106.Protection of mentally handicapped females

      4. 107.Protection of patients

      5. 108.Assisting patients to absent themselves without leave etc

      6. 109.Obstruction

    2. Miscellaneous provisions

      1. 110.Duty to give information to patients and nearest relatives

      2. 111.Duty of managers to inform nearest relative of discharge of detained patient

      3. 112.Religious persuasion of patients

      4. 113.Duty of sheriff to give patient opportunity to be heard

      5. 114.Provision for personal expenses of in-patients in hospital

      6. 115.Correspondence of patients

      7. 116.Review of decision to withhold postal packet

      8. 117.Entry on premises and warrant to search for and remove patients

      9. 118.Mentally disordered persons found in public places

      10. 119.Code of practice

    3. Supplementary

      1. 120.Provisions as to custody, conveyance and detention

      2. 121.Retaking of patients escaping from custody

      3. 122.Protection for acts done in pursuance of this Act

      4. 123.Inquiries

      5. 124.General provisions as to regulations and orders

      6. 125.Interpretation

      7. 126.Preservation of amendments

      8. 127.Consequential and transitional provisions and repeals

      9. 128.Application to England and Wales

      10. 129.Application to Northern Ireland

      11. 130.Short title and commencement

  13. Schedules

    1. Schedule 1

      State Hospital Management Committees

    2. Schedule 2

      Application of provisions of Part V to patients subject to hospital or guardianship orders

    3. Schedule 3

      Consequential amendments

    4. Schedule 4

      Transitional and savings provisions

    5. Schedule 5

      Repeals

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