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Mental Health (Care and Treatment) (Scotland) Act 2003
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- Code of practice
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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 18 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.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Part 18 Crossheading Code-of-practice:
- s. 64(8A)(8B) inserted by 2015 asp 9 s. 1(2)
- s. 65(7) inserted by 2015 asp 9 s. 1(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 64(8A)(8B) inserted by 2015 asp 9 s. 1(2)
- s. 65(7) inserted by 2015 asp 9 s. 1(3)
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.
Textual Amendments
F1Words in s. 274(1) inserted (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(8)(a)
F2Words in s. 274(4) inserted (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(8)(b)
F3Words in s. 274(5) inserted (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(8)(c)(i)
F4S. 274(5)(aa) inserted (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(8)(c)(ii)
Commencement Information
I1S. 274 in force at 26.3.2004 by S.S.I. 2004/153, art. 2, Sch. 1
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