Mental Health (Care and Treatment) (Scotland) Act 2003
Part 1
Introductory
1
Principles for discharging certain functions
2
Welfare of the child
3
Equal opportunities
Part 2
The Mental Welfare Commission for Scotland
Continued existence of Commission
4
The Mental Welfare Commission for Scotland
4ZA
National Confidential Forum
4ZB
General functions of NCF
4ZC
Carrying out NCF functions
4ZD
Modifications in relation to NCF
Commission Visitors
4A
Commission Visitors
General duties
5
Duty to monitor operation of Act and promote best practice
6
Reporting on operation of Act
Particular functions
7
Duty to bring matters generally to attention of Scottish Ministers and others
8
Duty to bring specific matters to attention of Scottish Ministers and others etc.
8A
Duty to raise service concerns with certain bodies
9
Duty to give advice
9A
Duty to give advice: further provision
10
Publishing information, guidance etc.
11
Investigations
12
Investigations: further provision
13
Visits in relation to patients
14
Interviews
15
Medical examination
16
Inspection etc. of records
17
Duties of Scottish Ministers, local authorities and others as respects Commission
18
Annual Report
19
Statistical information
20
Protection from actions of defamation
Part 3
The Mental Health Tribunal for Scotland
21
The Mental Health Tribunal for Scotland
Part 4
Health Board and local authority functions
Chapter 1
Health Board duties
Approved medical practitioners
22
Approved medical practitioners
Services and accommodation: particular cases
23
Provision of services and accommodation for certain patients under 18
24
Services and accommodation for mothers
Chapter 2
Local authority functions
Provision of services
25
Care and support services etc.
26
Services designed to promote well-being and social development
27
Assistance with travel
Charging for services
28
Services under sections 25 to 27: charging
Relationship with general duties
29
Relationship between duties under sections 25 to 27 and duties under Social Work (Scotland) Act 1968 and Children (Scotland) Act 1995
Co-operation and assistance
30
Co-operation with Health Boards and others
31
Assistance from Health Boards and others
Appointment of mental health officers
32
Appointment of mental health officers
Duty to inquire into individual cases
33
Duty to inquire
34
Inquiries under section 33: co-operation
35
Inquiries under section 33: warrants
Part 5
Emergency detention
Emergency detention certificate
36
Emergency detention in hospital
37
Notification by medical practitioner
Duties on hospital managers
38
Duties on hospital managers: examination, notification etc.
Revocation of certificate
39
Approved medical practitioner’s duty to revoke emergency detention certificate
40
Revocation of emergency detention certificate: notification
Suspension of authority to detain
41
Suspension of authority to detain
42
Certificate under section 41: revocation
Effect of emergency detention certificate on certain orders
43
Effect of emergency detention certificate on certain orders
Part 6
Short-term detention
Short-term detention certificate
44
Short-term detention in hospital
45
Mental health officer’s duty to interview patient etc.
Duties on hospital managers
46
Hospital managers' duties: notification
Extension certificate
47
Extension of detention pending application for compulsory treatment order
48
Extension certificate: notification
Revocation of certificates
49
Responsible medical officer’s duty to review continuing need for detention
50
Patient’s right to apply for revocation of short-term detention certificate or extension certificate etc.
51
Commission’s power to revoke short-term detention certificate or extension certificate
52
Revocation of short-term detention certificate or extension certificate: notification
Suspension of detention
53
Suspension of measure authorising detention
54
Certificate under section 53: revocation
Effect of short-term detention certificate on emergency detention certificate
55
Effect of subsequent short-term detention certificate on emergency detention certificate
Effect of short-term detention certificate etc. on certain orders
56
Effect of short-term detention certificate etc. on certain orders
Part 7
Compulsory treatment orders
Chapter 1
Application for, and making of, orders
Pre-application procedures
57
Mental health officer’s duty to apply for compulsory treatment order
58
Medical examination: requirements
59
Mental health officer’s duty to identify named person
60
Application for compulsory treatment order: notification
61
Mental health officer’s duty to prepare report
62
Mental health officer’s duty to prepare proposed care plan
Application for order
63
Application for compulsory treatment order
Making of order etc.
64
Powers of Tribunal on application under section 63: compulsory treatment order
65
Powers of Tribunal on application under section 63: interim compulsory treatment order
66
Measures that may be authorised
67
Order authorising detention: ancillary authorisation
Extension of short-term detention: special case
68
Extension of short-term detention pending determination of application
Time limit for Tribunal’s determination: special case
69
Time limit for determining application etc. where section 68 applies
Effect of making of orders on short-term detention
70
Effect of subsequent order on short-term detention certificate
Application of Chapter where patient subject to hospital direction or transfer for treatment direction
71
Application of Chapter where patient subject to hospital direction or transfer for treatment direction
71A
Compulsory treatment in hospital unit
Chapter 2
Interim compulsory treatment orders: review and revocation
72
Interim compulsory treatment order: responsible medical officer’s duty to keep under review
73
Commission’s power to revoke interim compulsory treatment order
74
Revocation under section 72 or 73: notification
75
Effect of subsequent compulsory treatment order on interim compulsory treatment order
Chapter 3
Compulsory treatment orders: care plan
76
Care plan: preparation, placing in medical records etc.
Chapter 4
Review of orders
Mandatory reviews by responsible medical officer
77
First mandatory review
78
Further mandatory reviews
Revocation of order by responsible medical officer or Commission
79
Responsible medical officer’s duty to revoke order: mandatory reviews
80
Revocation of order: responsible medical officer’s duty to keep under review
81
Commission’s power to revoke order
82
Revocation of order: notification
Further steps to be taken where order not revoked
83
Mandatory reviews: further steps to be taken where order not revoked
Extension of order by responsible medical officer
84
Responsible medical officer’s duty where extension of order appears appropriate
85
Mental health officer’s duties: extension of order
86
Responsible medical officer’s duty to extend order
87
Determination extending order: notification etc.
87A
Further information where order extended
Extension and variation of order: application by responsible medical officer
88
Responsible medical officer’s duty where extension and variation of order appear appropriate
89
Mental health officer’s duties: extension and variation of order
90
Responsible medical officer’s duty to apply for extension and variation of order
91
Application for extension and variation of order: notification
92
Application to Tribunal
Variation of order: application by responsible medical officer
93
Responsible medical officer’s duties: variation of order
94
Application by responsible medical officer for variation of order: notification
95
Application to Tribunal by responsible medical officer
Recorded matters: reference to Tribunal by responsible medical officer
96
Recorded matters: reference to Tribunal by responsible medical officer
97
Reference to Tribunal under section 96(3): notification
Reference to Tribunal by Commission
98
Reference to Tribunal by Commission
Applications by patient etc.
99
Application by patient etc. for revocation of determination extending order
100
Application by patient etc. for revocation or variation of order
Review by Tribunal of determination extending order
101
Tribunal’s duty to review determination under section 86
Powers of Tribunal
102
Powers of Tribunal on review under section 101
103
Powers of Tribunal on application under section 92, 95, 99 or 100
104
Powers of Tribunal on reference under section 96 or 98
105
Interim extension etc. of order: application under section 92
106
Interim variation of order: application, reference or review under Chapter
107
Limit on Tribunal’s power to make interim orders
108
Tribunal’s order varying compulsory treatment order
109
Ancillary powers of Tribunal
Effect of interim orders on calculation of time periods in Chapter
110
Effect of interim orders on calculation of time periods in Chapter
Meaning of “modify”
111
Meaning of “modify”
Chapter 5
Breach of orders
Failure to attend for medical treatment
112
Failure to attend for medical treatment
Non-compliance generally with order
113
Non-compliance generally with order
114
Compulsory treatment order: detention pending review or application for variation
115
Interim compulsory treatment order: detention pending further procedure
116
Certificate under section 114(2) or 115(2): notification
Revocation of certificates
117
Certificate under section 114(2): responsible medical officer’s duty to revoke
118
Certificate under section 115(2): responsible medical officer’s duty to revoke
119
Revocation of certificate granted under section 114(2) or 115(2): notification
120
Certificates under sections 114(2) and 115(2): patient’s right to apply to Tribunal
Effect of section 113(5) on order
121
Effect of section 113(5) on order
Effect of certificate under section 114(2) on order
122
Effect of certificate under section 114(2) on order
Effect of certificate under section 115(2) on order
123
Effect of certificate under section 115(2) on order
Chapter 6
Transfers
124
Transfer to other hospital
124A
Transfer to other hospital unit
125
Transfer to hospital other than state hospital: appeal to Tribunal
126
Transfer to state hospital: appeal to Tribunal
Chapter 7
Suspension
127
Suspension of measure authorising detention
128
Suspension of other measures
129
Certificates under sections 127 and 128: revocation
Part 8
Mentally disordered persons: criminal proceedings
Chapter 1
Pre-sentence orders
Assessment orders and treatment orders
130
Mentally disordered persons subject to criminal proceedings: assessment and treatment
Interim compulsion orders
131
Mentally disordered offenders: interim compulsion orders
Remand for inquiry into mental condition
132
Remand for inquiry into mental condition: time-limit for appeals
Chapter 2
Disposals on conviction and acquittal
Compulsion orders
133
Mentally disordered offenders: compulsion orders
Urgent detention of acquitted persons
134
Power of court to detain acquitted persons
Probation with a requirement of treatment
135
Amendment of 1995 Act: probation for treatment of mental disorder
Chapter 3
Mentally disordered prisoners
136
Transfer of prisoners for treatment for mental disorder
Part 9
Compulsion orders
Chapter 1
Duties following making of order
137
Part 9 care plan
138
Mental health officer’s duty to identify named person
Chapter 2
Review of compulsion orders
Mandatory reviews by responsible medical officer
139
First review of compulsion order
140
Further reviews of compulsion order
Revocation of order by responsible medical officer or Commission
141
Responsible medical officer’s duty to revoke compulsion order: mandatory reviews
142
Revocation of compulsion order: responsible medical officer’s duty to keep under review
143
Commission’s power to revoke compulsion order
144
Revocation of compulsion order: notification
Further steps to be taken where order not revoked
145
Mandatory reviews: further steps to be taken where compulsion order not revoked
Extension of order following first review
146
First review: responsible medical officer’s duty where extension proposed
147
Proposed extension on first review: mental health officer’s duties
148
First review: responsible medical officer’s duty to apply for extension of compulsion order
149
Application to Tribunal for extension of order following first review
Extension of order following further review
150
Further review: responsible medical officer’s duty where extension proposed
151
Proposed extension of order on further review: mental health officer’s duties
152
Further review: responsible medical officer’s duty to extend compulsion order
153
Determination extending compulsion order: notification
153A
Further information on extension of compulsion order
Extension and variation of order
154
Responsible medical officer’s duty where extension and variation proposed
155
Mental health officer’s duties: extension and variation of compulsion order
156
Responsible medical officer’s duty to apply for extension and variation of compulsion order
157
Application for extension and variation of compulsion order: notification
158
Application to Tribunal for extension and variation of compulsion order
Variation of order
159
Responsible medical officer’s duties: variation of compulsion order
160
Application for variation of compulsion order: notification
161
Application to Tribunal by responsible medical officer
Reference to Tribunal by Commission
162
Commission’s power to make reference to Tribunal
Applications to Tribunal by patient etc.
163
Application to Tribunal by patient etc. for revocation of determination extending compulsion order
164
Application to Tribunal by patient etc. for revocation or variation of compulsion order
Review by Tribunal of determination extending order
165
Tribunal’s duty to review determination under section 152
Powers of Tribunal
166
Powers of Tribunal on review under section 165
167
Powers of Tribunal on application under section 149, 158, 161, 163 or 164
168
Interim extension etc. of order: application under section 149or 158
169
Interim variation of order following application, reference or review under Chapter
170
Limit on power of Tribunal to make interim order
171
Powers of Tribunal on reference under section 162
172
Tribunal’s order varying compulsion order
173
Applications to Tribunal: ancillary powers
Effect of interim orders: calculation of time periods in Chapter
174
Effect of interim orders: calculation of time periods in Chapter
Meaning of “modify”
175
Meaning of “modify”
Chapter 3
Application of Chapters 5 to 7 of Part 7
Breach of order
176
Medical treatment: failure to attend
177
Non-compliance generally with compulsion order
Transfers
178
Transfers
Suspension of measures
179
Suspension of measures
Chapter 4
Interpretation of Part
180
Interpretation of Part
Part 10
Compulsion orders and restriction orders
Chapter 1
Preliminary
181
Mental health officer’s duty to identify named person
Chapter 2
Review of orders
Annual review of orders
182
Review of compulsion order and restriction order
Consequences of annual review
183
Responsible medical officer’s report and recommendation following review of compulsion order and restriction order
Responsible medical officer’s duty to keep orders under review
184
Responsible medical officer’s duty to keep compulsion order and restriction order under review
Reference to Tribunal by Scottish Ministers
185
Duty of Scottish Ministers on receiving report from responsible medical officer
186
Commission’s power to require Scottish Ministers to make reference to Tribunal
187
Notice under section 186(2): reference to Tribunal
Scottish Ministers' duty to keep orders under review
188
Duty of Scottish Ministers to keep compulsion order and restriction order under review
189
Reference to Tribunal by Scottish Ministers
190
Application by Scottish Ministers: notification
191
Application to Tribunal
Application by patient etc.
192
Application to Tribunal by patient and named person
Proceedings before Tribunal
193
Powers of Tribunal on reference under section 185(1), 187(2) or 189(2) or application under section 191 or 192(2)
194
Tribunal’s powers etc. when varying compulsion order
195
Deferral of conditional discharge
Effect of modification or revocation of orders
196
General effect of orders under section 193
197
Effect of revocation of compulsion order
198
Effect of revocation of restriction order
Meaning of “modify”
199
Meaning of “modify”
Chapter 3
Conditional discharge
200
Variation of conditions imposed on conditional discharge
201
Appeal to Tribunal against variation of conditions imposed on conditional discharge
202
Recall of patients from conditional discharge
203
Effect of recall from conditional discharge
204
Appeal to Tribunal against recall from conditional discharge
Part 11
Hospital directions and transfer for treatment directions
Preliminary
205
Mental health officer’s duty to identify named person
Review of directions
206
Review of hospital direction and transfer for treatment direction
Consequences of review
207
Responsible medical officer’s report following review of direction
Responsible medical officer’s duty to keep directions under review
208
Responsible medical officer’s duty to keep directions under review
Reference to Tribunal by Scottish Ministers
209
Commission’s power to require Scottish Ministers to make reference to Tribunal
210
Duty of Scottish Ministers on receiving report from responsible medical officer
211
Notice under section 209(2): reference to Tribunal
Scottish Ministers' duty to keep directions under review
212
Duty of Scottish Ministers to keep directions under review
213
Reference to Tribunal by Scottish Ministers
Application by patient etc.
214
Application to Tribunal by patient and named person
Proceedings before Tribunal
215
Powers of Tribunal on reference under section 210(3), 211(2) or 213(2) or on application under section 214(2)
Effect of revocation of direction
216
Effect of revocation of direction
Termination of direction on release of patient
217
Termination of hospital direction on release of patient
Part 12
Parts 10 and 11: transfers
218
Transfer of patients between hospitals
218A
Transfer of patient from specified hospital unit
219
Appeal to Tribunal against transfer under section 218 to hospital other than state hospital
220
Appeal to Tribunal against transfer under section 218 to state hospital
Part 13
Parts 8, 10 and 11: suspension
Assessment orders
221
Assessment order: suspension of measure authorising detention
222
Certificate under section 221: revocation by responsible medical officer
223
Certificate under section 221: revocation by Scottish Ministers
Certain other orders and directions
224
Patients subject to certain other orders and directions: suspension of measure authorising detention
225
Certificate under section 224: revocation by responsible medical officer
226
Certificate under section 224: revocation by Scottish Ministers
Part 14
Assessment of needs
227
Assessment of needs for community care services etc.
228
Request for assessment of needs: duty on local authorities and Health Boards
Part 15
Preliminary duties on making of orders etc.
Designation of mental health officer
229
Designation of mental health officer responsible for patient’s case
Patient’s responsible medical officer
230
Appointment of patient’s responsible medical officer
Social circumstances reports
231
Social circumstances report: mental health officer’s duties
Meaning of “relevant event”
232
Meaning of “relevant event”
Part 16
Medical treatment
Designated medical practitioners
233
Designated medical practitioners
Safeguards for certain surgical operations etc.
234
Certain surgical operations etc.
235
Treatment mentioned in section 234(2): patients capable of consenting
236
Treatment mentioned in section 234(2): patients incapable of consenting
Safeguards for other medical treatment
237
Electro-convulsive therapy etc.
238
Treatment mentioned in sections 237(3) and 240(3): patients capable of consenting and not refusing consent
239
Treatment mentioned in section 237(3): patients incapable of consenting
240
Treatments given over period of time etc.
241
Treatment mentioned in section 240(3): patients refusing consent or incapable of consenting
242
Treatment not mentioned in section 234(2), 237(3) or 240(3)
Urgent medical treatment where patient detained in hospital
243
Urgent medical treatment
Additional safeguards for certain informal patients
244
Scottish Ministers' power to make provision in relation to treatment for certain informal patients
Supplementary
245
Certificates under sections 235, 236, 239 and 241
246
Certificates under section 238
247
Scope of consent or certificate under sections 235, 236, 238, 239 and 241
248
Sections 235, 236, 238, 239 and 241: review of treatment etc.
Interpretation of Part
249
Interpretation of Part
Part 17
Patient representation etc.
Chapter 1
Named person
Meaning of “named person”
250
Nomination of named person
251
Named person where no person nominated or nominated person declines to act
252
Named person in relation to child
253
Declaration in relation to named person
254
Meaning of “nearest relative”
Mental health officer’s duties etc.
255
Named person: mental health officer’s duties etc.
Applications to Tribunal by patient etc.
256
Named person: application by patient etc.
Tribunal’s powers
257
Named person: Tribunal’s powers
Ability to act if no named person
257A
Ability to act if no named person
Interpretation of Chapter
258
Interpretation of Chapter
Chapter 2
Advocacy etc.
Advocacy
259
Advocacy
259A
Information gathering
Information
260
Provision of information to patient
261
Provision of assistance to patient with communication difficulties
261A
Help with communication at medical examination etc.
Access to medical practitioner
262
Access to medical practitioner for purposes of medical examination
263
Inspection of records by medical practitioner
Chapter 3
Detention in conditions of excessive security
State hospitals
264
Detention in conditions of excessive security: state hospitals
265
Order under section 264: further provision
266
Order under section 265: further provision
267
Order under section 264 or 265: recall
Other hospitals
268
Detention in conditions of excessive security: hospitals other than state hospitals
269
Order under section 268: further provision
270
Order under section 269: further provision
271
Order under section 268 or 269: recall
Process for orders: further provision
271A
Regulation-making powers
Enforcement: civil proceedings
272
Proceedings for specific performance of statutory duty
Interpretation of Chapter
273
Interpretation of Chapter
Part 18
Miscellaneous
Code of practice
274
Code of practice
Advance statements
275
Advance statements: making and withdrawal
276
Advance statements: effect
276A
Advance statements to be put with medical records
276B
Advance statements to be registered by the Commission
276C
Publicising support for making advance statements
Education
277
Education of persons who have mental disorder
Parental relations
278
Duty to mitigate adverse effect of compulsory measures on parental relations
Research
279
Information for research
State hospitals
280
Restriction of Scottish Ministers' power to delegate management of state hospitals
Communications, security etc.
281
Correspondence of certain persons detained in hospital
282
Correspondence: supplementary
283
Review of decision to withhold postal packet
284
Certain persons detained in hospital: use of telephones
285
Directions as to implementation of regulations under section 284(1)
286
Safety and security in hospitals
Information
287
Scottish Ministers' power to require responsible medical officer to provide certain information
Payments for expenses
288
Payments to persons in hospital to meet personal expenses
Cross-border transfer of patients
289
Cross-border transfer: patients subject to requirement other than detention
290
Cross-border transfer: patients subject to detention requirement or otherwise in hospital
Informal patients
291
Application to Tribunal in relation to unlawful detention
Conflicts of interest to be avoided
291A
Conflicts of interest to be avoided
Part 19
Entry, removal and detention powers
Entry to premises
292
Warrant to enter premises for purposes of taking patient
Removal to place of safety
293
Removal order
294
Removal order: urgent application to justice of the peace
295
Recall or variation of removal order
295A
Notification of decision under section 293 or 295
296
No appeal against decision under section 293 or 295
297
Removal from public place
298
Removal under section 297: further provision
Detention pending medical examination
299
Nurse’s power to detain pending medical examination
Meaning of “place of safety”
300
Meaning of “place of safety”
Part 20
Absconding
Absconding
301
Absconding etc. by patients subject to compulsory treatment order
302
Absconding etc. by other patients
303
Taking into custody and return of absconding patients
Effect of unauthorised absence
304
Effect of unauthorised absence
305
Effect of long unauthorised absence ending more than 14 days before expiry of compulsory treatment order
306
Effect of unauthorised absence ending simultaneously with or within 14 days before expiry of compulsory treatment order
307
Effect of unauthorised absence ending after expiry of compulsory treatment order
308
Effect of unauthorised absence of patient subject to short-term detention certificate or certificate under section 114(2) or 115(2)
Patients from other jurisdictions
309
Patients from other jurisdictions
309A
Cross-border visits: leave of absence
Absconding by certain other patients
310
Regulations as to absconding by other patients
Part 21
Offences
311
Non-consensual sexual acts
312
Offences under section 311: extended sentences
313
Persons providing care services: sexual offences
314
Notification requirements for offenders under sections 311 and 313
315
Ill-treatment and wilful neglect of mentally disordered person
316
Inducing and assisting absconding etc.
317
Obstruction
318
False statements
319
Time limit for summary proceedings for offences under sections 311 and 313
Part 22
Appeals
320
Appeal to sheriff principal against certain decisions of the Tribunal
321
Appeal to Court of Session against decisions of sheriff principal
322
Appeal to Court of Session against certain decisions of the Tribunal
323
Suspension of decision of Tribunal pending determination of certain appeals
324
Appeals: general provisions
Part 23
General
325
Power to prescribe forms
326
Orders, regulations and rules
327
Directions
328
Meaning of “mental disorder”
329
Interpretation
330
Supplementary provisions etc.
331
Minor and consequential amendments, repeals and revocations
332
Transitional provisions etc.
333
Short title and commencement
SCHEDULE 1
The Mental Welfare Commission for Scotland
Part 1
Membership, proceedings etc.
Status
1
The Commission shall not be regarded as the servant or...
General powers
2
The Commission may do anything which appears to it to...
Membership
2A
(1) The Commission is to consist of the following members—...
2B
(1) In appointing members, the Scottish Ministers are to have...
Terms of appointment etc.
2C
(1) Each member of the Commission is to be appointed...
Removal of members
2D
The Scottish Ministers may, by written notice, remove a member...
Disqualification from membership
2E
A person is disqualified from appointment, and from holding office,...
Membership
3
Membership, proceedings
Terms of office etc.
4
Membership, proceedings
Eligibility for reappointment
5
Membership, proceedings
Remuneration, pensions, allowances etc.
6
The Commission shall pay— (a) to its members (and to...
Appointment etc. of chief executive and other staff
7
(1) Subject to sub-paragraphs (2) and (3) below and paragraph...
Commission Visitors
7A
(1) The Commission must appoint such staff, employed under paragraph...
Commission Visitors: further provision
7B
(1) The arrangements entered into by virtue of paragraph 7A(2)...
Medical Visitors
7C
(1) In appointing Commission Visitors, the Commission must appoint one...
Committees
7D
(1) The Commission may establish committees for any purpose relating...
Procedure and meetings
7E
(1) The Commission may determine its own procedure and that...
Exercise of certain functions etc.
7F
(1) A member of the Commission may not—
Delegation of functions
7G
(1) The Commission may, subject to sub-paragraphs (2), (3) and...
Mandatory delegation of functions to chief executive
7H
(1) The Commission must delegate to the chief executive the...
Location of office
7I
The Commission's determination of the location of its office premises...
Regulations as to proceedings and delegation of functions
8
Membership, proceedings
Accounts
9
The following provisions of the National Health Service (Scotland) Act...
Part 2
Transitional provision
10
(1) The Mental Health (Scotland) Act 1984 (c. 36) shall...
Transitional provision: first chief executive
10A
(1) The person who, immediately before the coming into force...
Transitional provision: Commissioners
10B
Any person who, immediately before the coming into force of...
SCHEDULE 1A
National Confidential Forum
Part 1
Members of NCF etc.
Membership
1
(1) NCF is to consist of— (a) the NCF Head,...
Membership selection panel
2
(1) The selection panel is to consist of—
NCF staff
3
(1) This paragraph applies where— (a) the Commission proposes, in...
NCF powers and procedure
4
(1) NCF may do anything which appears to it to...
Application of schedule 1 to NCF
5
(1) The provisions of schedule 1 mentioned in sub-paragraph (2)...
Part 2
Delegation of functions
Delegation by NCF
6
(1) NCF must delegate the NCF functions to the persons...
Part 3
Eligibility to participate in forum
Eligibility
7
(1) NCF may receive testimony from any eligible person whose...
Part 4
Conduct of hearings etc.
Testimony given to NCF
8
(1) NCF must make provision for receiving testimony under paragraph...
Recording of testimony
9
(1) NCF may record testimony and any other information received...
Payment of expenses
10
NCF may require the Commission to pay such expenses as...
Part 5
Reporting
Reports by NCF
11
(1) NCF may prepare— (a) reports based on testimony received,...
Annual NCF reports
12
(1) As soon as practicable after 31 March in each...
Confidentiality
Disclosure of information
13
(1) This paragraph applies to— (a) the Commission,
Part 7
General
14
In this schedule— “ child ” means a person who...
SCHEDULE 2
The Mental Health Tribunal for Scotland
Part 1
Members of the Tribunal etc.
Members
1
(1) The Scottish Ministers shall appoint as members of the...
Shrieval panel
2
There shall be a panel consisting of each person who...
The President
3
(1) The Scottish Ministers shall appoint a person to be...
Terms of office etc.
4
(1) Subject to this paragraph and paragraph 5 below, each...
5
(1) A member of the Tribunal may be removed from...
Remuneration and pensions etc.
6
(1) The Scottish Ministers may pay, or make provision for...
Part 2
Organisation and administration of the Tribunal
Organisation and administration of the functions of the Tribunal
7
(1) The functions of the Tribunal shall be discharged by...
Staff and accommodation
8
(1) The Scottish Ministers may appoint such staff and provide...
Finance
9
Such expenses of the Tribunal as the Scottish Ministers may...
Part 3
Tribunal procedure
Rules
10
(1) The Scottish Ministers may make rules as to the...
Practice directions
11
Subject to rules made under paragraph 10 above the President...
Evidence
12
(1) The Tribunal may by citation require any person to...
Decisions of the Tribunal
13
(1) Subject to sub-paragraph (2) below, where a decision is...
Withdrawn applications to be disregarded for certain purposes
13A
For the purposes of sections 101(3)(c), 189(2)(a)(ii) and (b)(ii) and...
Part 4
Reports, information etc.
Annual report
14
(1) The President shall, in respect of each period of...
Disclosure of information
15
The President shall, at such times and in respect of...
Allowances etc. for attendance at hearings of the Tribunal and preparation of reports
16
(1) The Tribunal may pay to any person (other than...
SCHEDULE 3
Application of Chapter 1 of Part 7 to certain patients
1
Section 57(3) of this Act shall have effect as if,...
1A
In the case of a patient subject to a hospital...
2
(1) Section 64(4)(a)(i) of this Act shall have effect subject...
3
Section 65 of this Act shall not have effect.
SCHEDULE 4
Minor and consequential amendments
The Social Work (Scotland) Act 1968 (c.49)
1
(1) The Social Work (Scotland) Act 1968 shall be amended...
The Local Government (Scotland) Act 1973 (c.65)
2
In section 64(5) of the Local Government (Scotland) Act 1973...
The National Health Service (Scotland) Act 1978 (c.29)
3
In section 102(1) of the National Health Service (Scotland) Act...
The Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33)
4
(1) The Disabled Persons (Services, Consultation and Representation) Act 1986...
The Tribunals and Inquiries Act 1992 (c.53)
5
In Part II of Schedule 1 to the Tribunals and...
The Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9)
6
In section 4(1) of the Prisoners and Criminal Proceedings (Scotland)...
The Children (Scotland) Act 1995 (c.36)
7
In section 23(2) of the Children (Scotland) Act 1995 (children...
The Criminal Procedure (Scotland) Act 1995 (c.46)
8
(1) The Criminal Procedure (Scotland) Act 1995 shall be amended...
The Adults with Incapacity (Scotland) Act 2000 (asp 4)
9
(1) The Adults with Incapacity (Scotland) Act 2000 shall be...
The Regulation of Care (Scotland) Act 2001 (asp 8)
10
In section 77(1) of the Regulation of Care (Scotland) Act...
The Housing (Scotland) Act 2001 (asp 10)
11
In paragraph 4(6) of schedule 7 to the Housing (Scotland)...
The Community Care and Health (Scotland) Act 2002 (asp 5)
12
(1) The Community Care and Health (Scotland) Act 2002 shall...
The Scottish Public Services Ombudsman Act 2002 (asp 11)
13
In schedule 3 to the Scottish Public Services Ombudsman Act...
SCHEDULE 5
Repeals and revocations
Part 1
Repeals
Part 2
Revocations
SCHEDULE 6
Transitory amendments of the Mental Health (Scotland) Act 1984
1
Sections 33, 64 and 66 of the Mental Health (Scotland)...
2
In section 33 (discharge of patients from hospital), in subsection...
3
In section 64 (appeal by patient subject to restriction order)—...
4
In section 66 (further consideration of case of conditionally discharged...

Mental Health (Care and Treatment) (Scotland) Act 2003
2003 asp 13
An Act of the Scottish Parliament to restate and amend the law relating to mentally disordered persons; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 20th March 2003 and received Royal Assent on 25th April 2003
Act applied (5.10.2005) by Mental Health (Cross-border transfer; patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005 (S.S.I. 2005/467), reg. 46 (with reg. 2)
Act applied (with modifications) (3.11.2008) by Mental Health (England and Wales Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations 2008 (S.S.I. 2008/356), reg. 33(1) (with regs. 2, 33(2))