Part 2

The Mental Welfare Commission for Scotland

Particular functions

Duty to bring specific matters to attention of Scottish Ministers and others etc.
8
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;
ja
Healthcare Improvement Scotland;
k
Social Care and Social Work Improvement Scotland;
la
the Police Service of Scotland;
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 5 of the Public Services Reform (Scotland) Act 2010 (asp 8).
S. 8 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)
S. 8(3)(k) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 15; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
S. 8(3)(ja) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 17 para. 29; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
Words in s. 8(4) 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(2)
S. 8(3)(la) substituted for s. 8(3)(l) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 23(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
Pt. 2 excluded (6.4.2016) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 2(4)(5) (with Sch. 1 paras. 8, 14); S.I. 2016/464, art. 2(c)