Search Legislation

Mental Health (Patients in the Community) Act 1995

Status:

This is the original version (as it was originally enacted).

Section 4(2).

SCHEDULE 2Community care orders: supplementary

Mental Welfare Commission

1In section 3 of the [1984 c. 36.] Mental Health (Scotland) Act 1984 (functions and duties of Mental Welfare Commission), in each of subsections (1) and (2)(b), after the word “guardianship” there shall be inserted “or a community care order”.

2In section 5 of that Act (duties of Secretary of State and local authorities in relation to Mental Welfare Commission), after subsection (2) there shall be inserted the following subsection—

(3)The local authority providing after-care services under section 8 of this Act for a patient subject to a community care order shall afford the Mental Welfare Commission all facilities necessary to carry out their functions in relation to such a patient.

After-care services

3In section 8(1) of that Act (duty of local authority to provide after-care services), at the end there shall be inserted the words “and shall (without prejudice to the foregoing) provide or arrange for the provision of after-care services for any person who is subject to a community care order”.

Part VI patients

4In section 62 of that Act (application of Act to patients subject to restriction orders), in subsection (1), after paragraph (a) there shall be inserted the following paragraph—

(aa)none of the provisions of Part V of this Act relating to community care orders shall apply;.

5In Schedule 2 to that Act (application of Part V to patients subject to hospital or guardianship orders), in Part I (hospital order without restriction order and transfer order without restriction)—

(a)in paragraph 1 (provisions applying without modification), after “32,” there shall be inserted “35A,”;

(b)in paragraph 2 (provisions applying with modifications), after “35,” there shall be inserted “35B,”; and

(c)after paragraph 8 there shall be inserted the following paragraph—

8AIn section 35B(1) for the words “an application for admission” there shall be substituted the words “an order or direction by virtue of which he is liable under Part VI of this Act to be detained.”

Offences

6In section 105 of that Act (ill-treatment of patients), after subsection (2) there shall be inserted the following subsection—

(2A)It shall be an offence for any individual to ill-treat or wilfully neglect a patient in respect of whom a community care order is for the time being in force.

7In section 109 of that Act (obstruction), in subsection (1), after the word “Act,” there shall be inserted “or to give access to any person to a person so authorised”.

Duty to inform nearest relative

8In section 111(1) of that Act (duty of managers of hospital to inform nearest relative of discharge of patient), after the words “nearest relative” in the first place where they occur there shall be inserted “or the making of a community care order”.

Code of practice

9In section 119 of that Act (code of practice), in subsection (1)(a) (guidance to medical practitioners, mental health officers etc.), after the word “Act” there shall be inserted “guardianship under this Act and after-care services provided under section 8 of this Act for patients subject to community care orders”.

Interpretation

10In section 125(1) of that Act (interpretation), the following definitions shall be inserted in the appropriate places in alphabetical order—

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

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

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

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources