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

328Meaning of “mental disorderS

This section has no associated Explanatory Notes

(1)Subject to subsection (2) below, in this Act “mental disorder” means any—

(a)mental illness;

(b)personality disorder; or

(c)learning disability,

however caused or manifested; and cognate expressions shall be construed accordingly.

(2)A person is not mentally disordered by reason only of any of the following—

(a)sexual orientation;

(b)sexual deviancy;

(c)transsexualism;

(d)transvestism;

(e)dependence on, or use of, alcohol or drugs;

(f)behaviour that causes, or is likely to cause, harassment, alarm or distress to any other person;

(g)acting as no prudent person would act.

Commencement Information

I1S. 328 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)