Mental Health (Scotland) Act 1984

125 Interpretation. E+W+S+N.I.

(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

• “absent without leave” has the meaning assigned to it by section 59 of this Act;

• [F1 “after-care officer” has the meaning assigned to it by section 35A(4)(c) of this Act;]

• [F2 “application for admission” has the meaning assigned to it by section 18 of this Act]

• [F3 “care home service” has the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8);]

• [F1 “community care application” and “community care order” have the meanings respectively assigned to them by section 35A(1) of this Act;]

• [F4 “guardian” includes a guardian (however called) appointed under the law of any country to, or entitled under the law of any country to act for an adult during his incapacity, if the guardianship is recognised by the law of Scotland;]

• “health service” has the meaning given by section 108(1) of the M1 National Health Service (Scotland) Act 1978;

• “hospital” means—

(a) any hospital vested in the Secretary of State under the National Health Service (Scotland) Act 1978;

[F5 (aa) any hospital managed by a National Health Service trust established under section 12A of the said Act of 1978;]

(b) any private hospital registered under [F6 Part 1 of the Regulation of Care (Scotland) Act 2001 (asp 8)]; and

(c) any State hospital;

• [F7 “hospital direction” has the meaning assigned to it by section 59A(1) of the M2 Criminal Procedure (Scotland) Act 1995;]

• “hospital order” and “guardianship order” have the meanings respectively assigned to them by [F8 section 58 of the Criminal Procedure (Scotland) Act 1995];

• [F9 “hospital unit” means any part of a hospital which is treated as a separate unit;]

• “local authority” has the same meaning as in the M3 Social Work (Scotland) Act 1968;

• “managers of a hospital” means—

(a) in relation to a hospital vested in the Secretary of State under the National Health Service (Scotland) Act 1978, the Health Board responsible for the administration of that hospital;

[F10 (aa) in relation to a hospital managed by a National Health Service trust established under section 12A (National Health Service trusts) of the said Act of 1978, the directors of the trust;]

(b) in relation to a private hospital registered under Part IV of this Act, the person or persons carrying on the hospital;

(c) in relation to a State hospital, the Secretary of State or, if the Secretary of State has appointed a State Hospital Management Committee to manage that hospital, that Committee, or, if the management of that hospital has been delegated to a Health Board [F11 , to a Special Health Board, to an NHS trust]or to the Common Services Agency for the Scottish Health Service, that Board [F11 , trust] or Agency, as the case may be;

• “medical practitioner” means a registered medical practitioner within the meaning of Schedule 1 to the M4 Interpretation Act 1978;

• “medical treatment” includes nursing, and also includes care and training under medical supervision;

• “mental health officer” means an officer of a local authority appointed to act as a mental health officer for the purposes of this Act;

• “nearest relative”, in relation to a patient, has the meaning assigned to it in Part V of this Act;

• “patient” (except in Part IX of this Act) means a person suffering or appearing to be suffering from mental disorder;

• “private hospital” has the meaning assigned to it in [F12 section 12(2)] of this Act;

• “responsible medical officer” has the meaning assigned to it by section 59 of this Act;

• “restriction direction” has the meaning assigned to it by section 72 of this Act;

• “restriction order” means an order made under [F13 section 59 of the Criminal Procedure (Scotland) Act 1995];

• [F1 “special medical officer” has the meaning assigned to it by section 35A(4)(b) of this Act]

F14 . . .

• “State hospital” has the meaning assigned to it in [F15 section 102(2) of the National Healthg Service (Scotland) Act 1978];

F14 . . .

• “transfer direction” has the meaning assigned to it by section 71 of this Act;

• “transfer order” has the meaning assigned to it by section 70 of this Act;

• “voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority.

• [F4 “welfare attorney” includes a person granted, under a contract, grant or appointment governed by the law of any country, powers (however expressed) relating to the granter’s personal welfare and having effect during the granter’s incapacity;]

(2) Unless the context otherwise requires, any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied by or under any other enactment, including this Act.

(3) Without prejudice to the last foregoing subsection, any reference in this Act to an enactment of the Parliament of Northern Ireland, or to an enactment which that Parliament has power to amend, shall be construed, in relation to Northern Ireland, as a reference to that enactment as amended by any Act of that Parliament, whether passed before or after this Act.

(4) In relation to a person who is liable to be detained [F16 or subject to guardianship]by virtue of an order or direction under Part VI of this Act or under [F17 section 54, 57, 58 or 59 of the Criminal Procedure (Scotland) Act 1995], any reference in this Act to any enactment contained in Part V of this Act shall be construed as a reference to that enactment as it applies to that person by virtue of the said Part VI or any of the provisions of the said sections.

(5) Any reference, however expressed, in this Act to a patient admitted to or detained in, or liable to be admitted to or detained in, a hospital [F16 or received, or liable to be received, into guardianship] under this Act [F16 (other than under Part V thereof)]or under Part VI of this Act shall include a reference to a patient who is admitted to or detained in, or liable to be admitted to or detained in, a hospital [F16 or received or liable to be received into guardianship] under the M5 Criminal Procedure (Scotland) Act 1975.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E1 For extent of this section see ss. 128, 129

Amendments (Textual)

F1 S. 125(1): Definitions of “after-care officer”, “community care application”, “community care order” and “special medical officer” inserted (1.4.1996) by 1995 c. 52, ss. 4(2), 7(2), Sch. 2 Para. 10

F2 Definition of “application for admission” in s. 125(1) substituted (S.) (1.4.2002) for definitions of “application for admission” and “guardianship application” by 2000 asp 4, s. 88(2), Sch. 5 para. 17(24)(a); S.S.I. 2001/81, art. 3, Sch. 2

F3 Words in s. 125(1) inserted (S.) (prosp.) by 2001 asp 8, ss. 79, 81(2), Sch. 3 para. 11(7)(a), S.S.I. 2002/162, art. 2(f)(h) (subject to arts. 3-13)

F4 Definitions of “guardian” and “welfare attorney” in s. 125(1) inserted (S.) (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 17(24)(b); S.S.I. 2001/81, art. 3, Sch. 2

F5 In the definition of “hospital” paragraph (aa) inserted by National Health Service and Community Care Act 1990 (c. 9, SIF 113:2), s. 66(1), Sch. 9 para. 28(4)(a)

F6 S. 125(1): words in the definition of "hospital" substituted (S.) (1.4.2002) by 2001 asp 8, ss. 79, 81(2), Sch. 3 para. 11(7)(b); S.S.I. 2002/162, art. 2(f)(h) (subject to arts. 3-13)

F7 S. 125(1): Definition of “hospital direction” inserted (S.)(1.1.1998) by 1997 c. 48, s. 7(5); S.I. 1997/2323 art. 4, Sch.2

F8 S. 125: Words in definition of “hospital order” and “guardianship order” substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 50(10)(a) (with Sch. 3, paras. 1, 3)

F9 S. 125(1): Definition of “hospital unit” inserted (1.1.1998) by 1997 c. 48, s. 62(1), Sch. 1, para. 9(15); S.I. 1997/2323 art. 4, Sch. 2

F10 In the definition of “managers of a hospital” paragraph (aa) inserted by National Health Service and Community Care Act 1990 (c. 9, SIF 113:2), s. 66(1), Sch. 9 para. 28(4)(b)

F11 Words in definition of “managers of a hospital” inserted (1.10.1999) by 1999 c. 8, s. 65, Sch. 4 para. 70; S.S.I. 1999/90, art. 2, Sch. 1

F12 S. 125(1): words in the definition of "private hospital" substituted (S.) (1.4.2002) by 2001 asp 8, ss. 79, 81(2), Sch. 3 para. 11(7)(c); S.S.I. 2002/162, art. 2(f)(h) (subject to arts. 3-13)

F13 S. 125: Words in definition of “restriction order” substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 50(10)(b) (with Sch. 3, paras. 1, 3)

F14 The definitions of "standard scale" and "statutory maximum" in s. 125(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV

F15 S. 125(1): Words in definition of “state hospital” substituted (1.4.1995) by 1994 c. 16, s. 2(5); S.I. 1995/576, art. 2

F16 Words in s. 125(4)(5) repealed (S.) (1.4.2002) by 2000 asp 4, s. 88(3), Sch. 6; S.S.I. 2001/81, art. 3, Sch. 2

F17 Words in s. 125(4) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 50(10)(C) (with Sch. 3, paras. 1, 3)

Marginal Citations

M1 1978 c. 29.

M2 1995 c.46.

M3 1968 c. 49.

M4 1978 c. 30.

M5 1975 c. 21.