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

Charging for services

50.Section 28 amends section 87 of the Social Work (Scotland) Act 1968 and sections 2 and 22(1) of the Community Care and Health (Scotland) Act 2002, so that:

  • a local authority providing a service under sections 25 to 27 may recover such charge (if any) for it as it considers reasonable;

  • if a patient utilises a service provided under these sections and satisfies the authority that they cannot afford to pay the charge for the service provided, the authority must only charge what that patient can practically afford; and

  • the Scottish Ministers may by regulations exclude certain services from any charging regime under these provisions.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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