http://www.legislation.gov.uk/asp/2003/13/section/32/2005-03-21Mental Health (Care and Treatment) (Scotland) Act 2003An Act of the Scottish Parliament to restate and amend the law relating to mentally disordered persons; and for connected purposes.texttext/xmlenStatute Law Database2026-02-04Expert Participation2005-03-21 Mental Health (Care and Treatment) (Scotland) Act 2003s. 64(8A)(8B)Mental Health (Scotland) Act 2015s. 1(2)s. 61(2)Mental Health (Care and Treatment) (Scotland) Act 2003s. 65(7)Mental Health (Scotland) Act 2015s. 1(3)s. 61(2) Part 4 Chapter 2321A local authority shall appoint a sufficient number of persons for the purpose of discharging, in relation to their area, the functions of mental health officers under—athis Act;bthe 1995 Act; andcthe Adults with Incapacity (Scotland) Act 2000 (asp 4).2A local authority shall appoint under subsection (1) above only persons—awho are officers of a local authority; andbwho satisfy such requirements as the Scottish Ministers may direct as to—iregistration;iieducation and training;iiiexperience;ivcompetence as respects persons who have or have had a mental disorder; andvany other matters that may be specified in the direction.3A person duly appointed by a local authority before the day on which this section comes into force to discharge the functions of a mental health officer shall, for the purposes of this Act, be deemed to have been appointed under subsection (1) above; and references in subsections (4) and (5) below to a person appointed under subsection (1) above shall include references to a person deemed by virtue of this subsection to have been so appointed.4A local authority shall, in accordance with directions given by the Scottish Ministers, provide or secure the provision of training for persons appointed by them under subsection (1) above as respects requirements in directions under subsections (2) above and (5) below.5A local authority shall terminate the appointment of a person appointed under subsection (1) above if the person—aceases to be an officer of a local authority; orbdoes not satisfy—iany requirement in a direction under subsection (2) above; oriisuch other requirements as to any of the matters mentioned in paragraph (b) of that subsection as the Scottish Ministers may, from time to time, by direction specify.6The validity of any acts or omissions of a person appointed as a mental health officer in the discharge of the functions of such an officer prior to a termination of appointment by virtue of subsection (5) above is not affected by such termination.7Directions given by the Scottish Ministers under this section shall be given to local authorities collectively.S. 32 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1