The Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order makes transitional and savings provisions in connection with the transition of patients to the regime created by the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the 2003 Act”).

Part 1 deals with citation, commencement and interpretation.

Parts 2 to 8 of the Order provide transitional and savings arrangements for patients who immediately before 5th October 2005, when most of the 2003 Act comes into force, are subject to various orders and directions that provide for their detention in hospital or their care in the community under the Mental Health (Scotland) Act 1984 or the Criminal Procedure (Scotland) Act 1995.

Part 9 provides for appeal proceedings which have been commenced before 5th October 2005 where there has been no final disposal. Part 10 deals with patients in the process of being transferred to and from Scotland at 5th October 2005.

Part 11 deals with general issues affecting patients including treatment and care plans, the appointment of a responsible medical officer and mental health officer, the provision of information to patients and arrangements for discharge. This part also deals with appointments to the Mental Welfare Commission, the continuation of inquiries and protection for acts done in pursuance of the Mental Health (Scotland) Act 1984.