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

25 Care and support services etc. S

(1) A local authority—

(a) shall—

(i) provide, for persons who are not in hospital and who have or have had a mental disorder, services which provide care and support; or

(ii) secure the provision of such services for such persons; and

(b) may—

(i) provide such services for persons who are in hospital and who have or have had a mental disorder; or

(ii) secure the provision of such services for such persons.

(2) Services provided by virtue of subsection (1) above shall be designed to—

(a) minimise the effect of the mental disorder on such persons; and

(b) give such persons the opportunity to lead lives which are as normal as possible.

(3) In subsection (1) above, “care and support”—

(a) includes, without prejudice to the generality of that expression—

(i) residential accommodation; and

(ii) personal care and personal support (each of those expressions having the meaning given by [F1 paragraph 20 of schedule 12 to the Public Services Reform (Scotland) Act 2010] (asp 8)); but

(b) does not include nursing care.

(4) In section 59(1) of the Social Work (Scotland) Act 1968 (c. 49) (duty of local authorities as respects provision and maintenance of residential or other establishments), for the words “or under” there shall be substituted “sections 25 and 26 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) or”.

Textual Amendments

F1 Words in s. 25(3)(a)(ii) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 1 para. 13(3)

Modifications etc. (not altering text)

C1 Ss. 25-27 restricted (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), arts. 1(1), 14(1)

C2 Ss. 25-27 excluded (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 paras. 1(3), 4(3)(b) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995)

C3 S. 25 modified (24.6.2015) by The Community Care (Provision of Residential Accommodation Outwith Scotland) (Scotland) Regulations 2015 (S.S.I. 2015/202), regs. 1(1), 2(2)

C4 Ss. 25-27 excluded (6.4.2016) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 2(3) (with Sch. 1 paras. 8, 14); S.I. 2016/464, art. 2(c)

Commencement Information

I1 S. 25 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)