Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

Part 2 S The Mental Welfare Commission for Scotland

Particular functions S

11 Investigations S

(1) If it appears to the Commission that any of the circumstances mentioned in subsection (2) below apply in respect of a patient, the Commission may—

(a) carry out such investigation as it considers appropriate into the patient’s case; and

(b) make such recommendations as it considers appropriate as respects the case.

(2) Those circumstances are—

(a) that the patient may be unlawfully detained in hospital;

(b) that the patient is detained in hospital and the detention is authorised by virtue of—

(i) this Act; or

(ii) the 1995 Act;

(c) that the patient, though not detained in hospital, is subject to—

(i) a compulsory treatment order;

(ii) an interim compulsory treatment order;

(iii) an emergency detention certificate;

(iv) a short-term detention certificate;

(v) a compulsion order;

(vi) an interim compulsion order;

(vii) an assessment order;

(viii) a treatment order;

(ix) a hospital direction; or

(x) a transfer for treatment direction;

(d) that the patient may be, or may have been, subject, or exposed, to—

(i) ill-treatment;

(ii) neglect; or

(iii) some other deficiency in care or treatment;

(e) that, because of the mental disorder, the patient’s property—

(i) may be suffering, or may have suffered, loss or damage; or

(ii) may be, or may have been, at risk of suffering loss or damage;

(f) that the patient may be—

(i) living alone or without care; and

(ii) unable to look after himself or his property or financial affairs.

Commencement Information

I1 S. 11 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)