Search Legislation

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

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Cross Heading: Code of practice

 Help about opening options

Changes to legislation:

Mental Health (Care and Treatment) (Scotland) Act 2003, Cross Heading: Code of practice is up to date with all changes known to be in force on or before 14 May 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Code of practiceS

274Code of practiceS

(1)The Scottish Ministers shall, in accordance with this section, draw up, give effect to and publish a code of practice giving guidance to any person discharging functions by virtue of this Act[F1or Part VI (mental disorder) of the 1995 Act] as to—

(a)the discharge of such of those functions; and

(b)such matters arising in connection with the discharge of those functions,

as they think fit.

(2)The Scottish Ministers shall, before giving effect to a code of practice drawn up under subsection (1) above—

(a)consult such persons as they think fit; and

(b)lay a draft of the code before the Scottish Parliament.

(3)A code of practice drawn up under subsection (1) above shall be given effect by being—

(a)confirmed by order made; and

(b)brought into force on a day appointed,

by the Scottish Ministers.

(4)Any person discharging functions by virtue of this Act[F2or Part VI (mental disorder) of the 1995 Act] shall have regard (so far as they are applicable to the discharge of those functions by that person) to the provisions of any code of practice published under subsection (1) above for the time being in force.

(5)The references in subsections (1) and (4) above to a person discharging functions by virtue of this Act[F3or Part VI (mental disorder) of the 1995 Act] do not include references to—

(a)any court;

[F4(aa)a prosecutor;]

(b)the Tribunal; and

(c)the Commission.

(6)The Scottish Ministers may, from time to time, revise the whole or part of any code of practice published under subsection (1) above; and if a code is so revised, the Scottish Ministers shall publish the revised code.

(7)Subsections (2) to (6) above apply to a code of practice revised under subsection (6) above as they apply to a code of practice published under subsection (1) above.

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?