Part 2The Mental Welfare Commission for Scotland

Particular functions

8Duty to bring specific matters to attention of Scottish Ministers and others etc.

1

If it appears to the Commission that a relevant person has, or may have, powers or duties, the exercise or performance of which might prevent or remedy or assist in preventing or remedying, as respects a person who has a mental disorder, any of the circumstances mentioned in subsection (2) below, the Commission shall—

a

bring the facts of the person’s case to the attention of the relevant person; and

b

if it considers it appropriate to do so, make recommendations as respects the case to the relevant person.

2

Those circumstances are—

a

the circumstances mentioned in section 11(2)(a), (d), (e) or (f) of this Act;

b

that—

i

the patient is detained in hospital and the detention is authorised by virtue of this Act or the 1995 Act; and

ii

there may be some impropriety in relation to that detention.

3

For the purposes of subsection (1) above, “relevant person” means—

a

the Scottish Ministers;

b

the Public Guardian;

c

a local authority;

d

a Health Board;

e

a Special Health Board;

f

a National Health Service trust;

g

a mental health officer;

h

a responsible medical officer;

i

the managers of a registered care service;

j

the managers of—

i

a prison; or

ii

a young offenders institution;

k

the Scottish Commission for the Regulation of Care;

l

a police force; or

m

such other person, or group of persons, as the Commission considers appropriate.

4

In subsection (3)(i) above, “registered care service” means a care service registered under Part 1 of the Regulation of Care (Scotland) Act 2001 (asp 8).