Explanatory Notes

Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016

2016 asp 14

06 April 2016

The Act – Overview

Part 3 — Ill-Treatment and Wilful Neglect

Ill-treatment and wilful neglect of mentally disordered person

Section 32 – Penalty for ill-treatment and wilful neglect of mentally disordered person

110.Section 32 makes amendments to the existing offence in section 315 of the Mental Health (Care and Treatment) (Scotland) Act 2003. The amendments change the penalty for an offence under section 315 from a maximum of two years imprisonment on indictment to a maximum of five years imprisonment. This section also amends section 315 to update the definitions of “provides care services” and “care services”. “Care services” are defined by reference to section 47(1) of the Public Services Reform (Scotland) Act 2010 and cover support services, care home services, nurse agencies, secure accommodation services, offender accommodation services, adult placement services and housing support services.