Explanatory Notes

Mental Health (Care and Treatment) (Scotland) Act 2003

2003 asp 13

25 April 2003

Commentary on Sections

Part 2 – the Mental Welfare Commission for Scotland

Sections 4 to 20: the Mental Welfare Commission for Scotland
Protection from actions of defamation

34.This provision in section 20 provides explicit protection to the Commission and its employees from actions of defamation unless they can be shown to be acting maliciously. Privilege would apply, for example, to any report published by the Commission as a result of an investigation into deficiencies in a patient’s care.