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Mental Health (Care and Treatment) (Scotland) Act 2003
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328Meaning of “mental disorder”
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(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.
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