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

Mental Health (Care and Treatment) (Scotland) Act 2003 is up to date with all changes known to be in force on or before 16 September 2024. There are changes that may be brought into force at a future date.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

Changes and effects yet to be applied to :

• s. 3(3)(d) repealed by 2004 asp 7sch. 2
• s. 3(3)(e) repealed by 2004 asp 7sch. 2
• s. 36(8)(b) words substituted (temp.) by 2020 c. 7Sch. 9para. 3
• s. 44(1) modified (temp.) by 2020 c. 7Sch. 9para. 4
• s. 63 modified (temp.) by 2020 c. 7Sch. 9para. 5
• s. 77 suspended by 2020 c. 7Sch. 9para. 9
• s. 78 suspended by 2020 c. 7Sch. 9para. 9
• s. 136(2) modified (temp.) by 2020 c. 7Sch. 9para. 6
• s. 136(3) modified (temp.) by 2020 c. 7Sch. 9para. 8
• s. 136(6) modified (temp.) by 2020 c. 7Sch. 9para. 8
• s. 139 suspended by 2020 c. 7Sch. 9para. 9
• s. 140 suspended by 2020 c. 7Sch. 9para. 9
• s. 182 suspended by 2020 c. 7Sch. 9para. 9
• s. 189 suspended by 2020 c. 7Sch. 9para. 9
• s. 206 suspended by 2020 c. 7Sch. 9para. 9
• s. 213 suspended by 2020 c. 7Sch. 9para. 9
• s. 241(1) modified (temp.) by 2020 c. 7Sch. 9para. 10
• s. 299(2) words substituted (temp.) by 2020 c. 7Sch. 9para. 7
• Sch. 2 para. 7(3) modified (temp.) by 2020 c. 7Sch. 9para. 11

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

• s. 64(8A) (8B) inserted by 2015 asp 9s. 1(2)
• s. 65(7) inserted by 2015 asp 9s. 1(3)

1. Introductory Text
2. Part 1 Introductory
   1. 1.Principles for discharging certain functions
   2. 2.Welfare of the child
   3. 3.Equal opportunities
   1. Continued existence of Commission
      1. 4.The Mental Welfare Commission for Scotland
      2. 4ZA.National Confidential Forum
      3. 4ZB.General functions of NCF
      4. 4ZC.Carrying out NCF functions
      5. 4ZD.Modifications in relation to NCF
      1. 4A.Commission Visitors
      1. 5.Duty to monitor operation of Act and promote best practice
      2. 6.Reporting on operation of Act
      1. 7.Duty to bring matters generally to attention of Scottish Ministers and others
      2. 8.Duty to bring specific matters to attention of Scottish Ministers and others etc.
      3. 8A.Duty to raise service concerns with certain bodies
      4. 9.Duty to give advice
      5. 9A.Duty to give advice: further provision
      6. 10.Publishing information, guidance etc.
      7. 11.Investigations
      8. 12.Investigations: further provision
      9. 13.Visits in relation to patients
      10. 14.Interviews
      11. 15.Medical examination
      12. 16.Inspection etc. of records
      13. 17.Duties of Scottish Ministers, local authorities and others as respects Commission
      14. 18.Annual Report
      15. 19.Statistical information
      16. 20.Protection from actions of defamation
      1. 21.The Mental Health Tribunal for Scotland
      1. Chapter 1 Health Board duties
         1. Approved medical practitioners
            1. 22.Approved medical practitioners
            1. 23.Provision of services and accommodation for certain patients under 18
            2. 24.Services and accommodation for mothers
            1. Provision of services
               1. 25.Care and support services etc.
               2. 26.Services designed to promote well-being and social development
               3. 27.Assistance with travel
               1. 28.Services under sections 25 to 27: charging
               1. 29.Relationship between duties under sections 25 to 27 and duties under Social Work (Scotland) Act 1968 and Children (Scotland) Act 1995
               1. 30.Co-operation with Health Boards and others
               2. 31.Assistance from Health Boards and others
               1. 32.Appointment of mental health officers
               1. 33.Duty to inquire
               2. 34.Inquiries under section 33: co-operation
               3. 35.Inquiries under section 33: warrants
               1. Emergency detention certificate
                  1. 36.Emergency detention in hospital
                  2. 37.Notification by medical practitioner
                  1. 38.Duties on hospital managers: examination, notification etc.
                  1. 39.Approved medical practitioner’s duty to revoke emergency detention certificate
                  2. 40.Revocation of emergency detention certificate: notification
                  1. 41.Suspension of authority to detain
                  2. 42.Certificate under section 41: revocation
                  1. 43.Effect of emergency detention certificate on certain orders
                  1. Short-term detention certificate
                     1. 44.Short-term detention in hospital
                     2. 45.Mental health officer’s duty to interview patient etc.
                     1. 46.Hospital managers' duties: notification
                     1. 47.Extension of detention pending application for compulsory treatment order
                     2. 48.Extension certificate: notification
                     1. 49.Responsible medical officer’s duty to review continuing need for detention
                     2. 50.Patient’s right to apply for revocation of short-term detention certificate or extension certificate etc.
                     3. 51.Commission’s power to revoke short-term detention certificate or extension certificate
                     4. 52.Revocation of short-term detention certificate or extension certificate: notification
                     1. 53.Suspension of measure authorising detention
                     2. 54.Certificate under section 53: revocation
                     1. 55.Effect of subsequent short-term detention certificate on emergency detention certificate
                     1. 56.Effect of short-term detention certificate etc. on certain orders
                     1. Chapter 1 Application for, and making of, orders
                        1. Pre-application procedures
                           1. 57.Mental health officer’s duty to apply for compulsory treatment order
                           2. 58.Medical examination: requirements
                           3. 59.Mental health officer’s duty to identify named person
                           4. 60.Application for compulsory treatment order: notification
                           5. 61.Mental health officer’s duty to prepare report
                           6. 62.Mental health officer’s duty to prepare proposed care plan
                           1. 63.Application for compulsory treatment order
                           1. 64.Powers of Tribunal on application under section 63: compulsory treatment order
                           2. 65.Powers of Tribunal on application under section 63: interim compulsory treatment order
                           3. 66.Measures that may be authorised
                           4. 67.Order authorising detention: ancillary authorisation
                           1. 68.Extension of short-term detention pending determination of application
                           1. 69.Time limit for determining application etc. where section 68 applies
                           1. 70.Effect of subsequent order on short-term detention certificate
                           1. 71.Application of Chapter where patient subject to hospital direction or transfer for treatment direction
                           2. 71A.Compulsory treatment in hospital unit
                           1. 72.Interim compulsory treatment order: responsible medical officer’s duty to keep under review
                           2. 73.Commission’s power to revoke interim compulsory treatment order
                           3. 74.Revocation under section 72 or 73: notification
                           4. 75.Effect of subsequent compulsory treatment order on interim compulsory treatment order
                           1. 76.Care plan: preparation, placing in medical records etc.
                           1. Mandatory reviews by responsible medical officer
                              1. 77.First mandatory review
                              2. 78.Further mandatory reviews
                              1. 79.Responsible medical officer’s duty to revoke order: mandatory reviews
                              2. 80.Revocation of order: responsible medical officer’s duty to keep under review
                              3. 81.Commission’s power to revoke order
                              4. 82.Revocation of order: notification
                              1. 83.Mandatory reviews: further steps to be taken where order not revoked
                              1. 84.Responsible medical officer’s duty where extension of order appears appropriate
                              2. 85.Mental health officer’s duties: extension of order
                              3. 86.Responsible medical officer’s duty to extend order
                              4. 87.Determination extending order: notification etc.
                              5. 87A.Further information where order extended
                              1. 88.Responsible medical officer’s duty where extension and variation of order appear appropriate
                              2. 89.Mental health officer’s duties: extension and variation of order
                              3. 90.Responsible medical officer’s duty to apply for extension and variation of order
                              4. 91.Application for extension and variation of order: notification
                              5. 92.Application to Tribunal
                              1. 93.Responsible medical officer’s duties: variation of order
                              2. 94.Application by responsible medical officer for variation of order: notification
                              3. 95.Application to Tribunal by responsible medical officer
                              1. 96.Recorded matters: reference to Tribunal by responsible medical officer
                              2. 97.Reference to Tribunal under section 96(3): notification
                              1. 98.Reference to Tribunal by Commission
                              1. 99.Application by patient etc. for revocation of determination extending order
                              2. 100.Application by patient etc. for revocation or variation of order
                              1. 101.Tribunal’s duty to review determination under section 86
                              1. 102.Powers of Tribunal on review under section 101
                              2. 103.Powers of Tribunal on application under section 92, 95, 99 or 100
                              3. 104.Powers of Tribunal on reference under section 96 or 98
                              4. 105.Interim extension etc. of order: application under section 92
                              5. 106.Interim variation of order: application, reference or review under Chapter
                              6. 107.Limit on Tribunal’s power to make interim orders
                              7. 108.Tribunal’s order varying compulsory treatment order
                              8. 109.Ancillary powers of Tribunal
                              1. 110.Effect of interim orders on calculation of time periods in Chapter
                              1. 111.Meaning of “modify”
                              1. Failure to attend for medical treatment
                                 1. 112.Failure to attend for medical treatment
                                 1. 113.Non-compliance generally with order
                                 2. 114.Compulsory treatment order: detention pending review or application for variation
                                 3. 115.Interim compulsory treatment order: detention pending further procedure
                                 4. 116.Certificate under section 114(2) or 115(2): notification
                                 1. 117.Certificate under section 114(2): responsible medical officer’s duty to revoke
                                 2. 118.Certificate under section 115(2): responsible medical officer’s duty to revoke
                                 3. 119.Revocation of certificate granted under section 114(2) or 115(2): notification
                                 4. 120.Certificates under sections 114(2) and 115(2): patient’s right to apply to Tribunal
                                 1. 121.Effect of section 113(5) on order
                                 1. 122.Effect of certificate under section 114(2) on order
                                 1. 123.Effect of certificate under section 115(2) on order
                                 1. 124.Transfer to other hospital
                                 2. 124A.Transfer to other hospital unit
                                 3. 125.Transfer to hospital other than state hospital: appeal to Tribunal
                                 4. 126.Transfer to state hospital: appeal to Tribunal
                                 1. 127.Suspension of measure authorising detention
                                 2. 128.Suspension of other measures
                                 3. 129.Certificates under sections 127 and 128: revocation
                                 1. Chapter 1 Pre-sentence orders
                                    1. Assessment orders and treatment orders
                                       1. 130.Mentally disordered persons subject to criminal proceedings: assessment and treatment
                                       1. 131.Mentally disordered offenders: interim compulsion orders
                                       1. 132.Remand for inquiry into mental condition: time-limit for appeals
                                       1. Compulsion orders
                                          1. 133.Mentally disordered offenders: compulsion orders
                                          1. 134.Power of court to detain acquitted persons
                                          1. 135.Amendment of 1995 Act: probation for treatment of mental disorder
                                          1. 136.Transfer of prisoners for treatment for mental disorder
                                          1. Chapter 1 Duties following making of order
                                             1. 137.Part 9 care plan
                                             2. 138.Mental health officer’s duty to identify named person
                                             1. Mandatory reviews by responsible medical officer
                                                1. 139.First review of compulsion order
                                                2. 140.Further reviews of compulsion order
                                                1. 141.Responsible medical officer’s duty to revoke compulsion order: mandatory reviews
                                                2. 142.Revocation of compulsion order: responsible medical officer’s duty to keep under review
                                                3. 143.Commission’s power to revoke compulsion order
                                                4. 144.Revocation of compulsion order: notification
                                                1. 145.Mandatory reviews: further steps to be taken where compulsion order not revoked
                                                1. 146.First review: responsible medical officer’s duty where extension proposed
                                                2. 147.Proposed extension on first review: mental health officer’s duties
                                                3. 148.First review: responsible medical officer’s duty to apply for extension of compulsion order
                                                4. 149.Application to Tribunal for extension of order following first review
                                                1. 150.Further review: responsible medical officer’s duty where extension proposed
                                                2. 151.Proposed extension of order on further review: mental health officer’s duties
                                                3. 152.Further review: responsible medical officer’s duty to extend compulsion order
                                                4. 153.Determination extending compulsion order: notification
                                                5. 153A.Further information on extension of compulsion order
                                                1. 154.Responsible medical officer’s duty where extension and variation proposed
                                                2. 155.Mental health officer’s duties: extension and variation of compulsion order
                                                3. 156.Responsible medical officer’s duty to apply for extension and variation of compulsion order
                                                4. 157.Application for extension and variation of compulsion order: notification
                                                5. 158.Application to Tribunal for extension and variation of compulsion order
                                                1. 159.Responsible medical officer’s duties: variation of compulsion order
                                                2. 160.Application for variation of compulsion order: notification
                                                3. 161.Application to Tribunal by responsible medical officer
                                                1. 162.Commission’s power to make reference to Tribunal
                                                1. 163.Application to Tribunal by patient etc. for revocation of determination extending compulsion order
                                                2. 164.Application to Tribunal by patient etc. for revocation or variation of compulsion order
                                                3. 164A.Application to end disclosure period for compulsion order
                                                1. 165.Tribunal’s duty to review determination under section 152
                                                1. 166.Powers of Tribunal on review under section 165
                                                2. 167.Powers of Tribunal on application under section 149, 158, 161, 163 or 164
                                                3. 167A.Duties of Tribunal on application under section 164A
                                                4. 167B.Duty to notify outcome of applications under section 164A
                                                5. 168.Interim extension etc. of order: application under section 149or 158
                                                6. 169.Interim variation of order following application, reference or review under Chapter
                                                7. 170.Limit on power of Tribunal to make interim order
                                                8. 171.Powers of Tribunal on reference under section 162
                                                9. 172.Tribunal’s order varying compulsion order
                                                10. 173.Applications to Tribunal: ancillary powers
                                                1. 174.Effect of interim orders: calculation of time periods in Chapter
                                                1. 175.Meaning of “modify”
                                                1. Breach of order
                                                   1. 176.Medical treatment: failure to attend
                                                   2. 177.Non-compliance generally with compulsion order
                                                   1. 178.Transfers
                                                   1. 179.Suspension of measures
                                                   1. 180.Interpretation of Part
                                                   1. Chapter 1 Preliminary
                                                      1. 181.Mental health officer’s duty to identify named person
                                                      1. Annual review of orders
                                                         1. 182.Review of compulsion order and restriction order
                                                         1. 183.Responsible medical officer’s report and recommendation following review of compulsion order and restriction order
                                                         1. 184.Responsible medical officer’s duty to keep compulsion order and restriction order under review
                                                         1. 185.Duty of Scottish Ministers on receiving report from responsible medical officer
                                                         2. 186.Commission’s power to require Scottish Ministers to make reference to Tribunal
                                                         3. 187.Notice under section 186(2): reference to Tribunal
                                                         1. 188.Duty of Scottish Ministers to keep compulsion order and restriction order under review
                                                         2. 189.Reference to Tribunal by Scottish Ministers
                                                         3. 190.Application by Scottish Ministers: notification
                                                         4. 191.Application to Tribunal
                                                         1. 192.Application to Tribunal by patient and named person
                                                         1. 193.Powers of Tribunal on reference under section 185(1), 187(2) or 189(2) or application under section 191 or 192(2)
                                                         2. 194.Tribunal’s powers etc. when varying compulsion order
                                                         3. 195.Deferral of conditional discharge
                                                         1. 196.General effect of orders under section 193
                                                         2. 197.Effect of revocation of compulsion order
                                                         3. 198.Effect of revocation of restriction order
                                                         1. 199.Meaning of “modify”
                                                         1. 200.Variation of conditions imposed on conditional discharge
                                                         2. 201.Appeal to Tribunal against variation of conditions imposed on conditional discharge
                                                         3. 202.Recall of patients from conditional discharge
                                                         4. 203.Effect of recall from conditional discharge
                                                         5. 204.Appeal to Tribunal against recall from conditional discharge
                                                         1. Preliminary
                                                            1. 205.Mental health officer’s duty to identify named person
                                                            1. 206.Review of hospital direction and transfer for treatment direction
                                                            1. 207.Responsible medical officer’s report following review of direction
                                                            1. 208.Responsible medical officer’s duty to keep directions under review
                                                            1. 209.Commission’s power to require Scottish Ministers to make reference to Tribunal
                                                            2. 210.Duty of Scottish Ministers on receiving report from responsible medical officer
                                                            3. 211.Notice under section 209(2): reference to Tribunal
                                                            1. 212.Duty of Scottish Ministers to keep directions under review
                                                            2. 213.Reference to Tribunal by Scottish Ministers
                                                            1. 214.Application to Tribunal by patient and named person
                                                            1. 215.Powers of Tribunal on reference under section 210(3), 211(2) or 213(2) or on application under section 214(2)
                                                            1. 216.Effect of revocation of direction
                                                            1. 217.Termination of hospital direction on release of patient
                                                            1. 218.Transfer of patients between hospitals
                                                            2. 218A.Transfer of patient from specified hospital unit
                                                            3. 219.Appeal to Tribunal against transfer under section 218 to hospital other than state hospital
                                                            4. 220.Appeal to Tribunal against transfer under section 218 to state hospital
                                                            1. Assessment orders
                                                               1. 221.Assessment order: suspension of measure authorising detention
                                                               2. 222.Certificate under section 221: revocation by responsible medical officer
                                                               3. 223.Certificate under section 221: revocation by Scottish Ministers
                                                               1. 224.Patients subject to certain other orders and directions: suspension of measure authorising detention
                                                               2. 225.Certificate under section 224: revocation by responsible medical officer
                                                               3. 226.Certificate under section 224: revocation by Scottish Ministers
                                                               1. 227.Assessment of needs for community care services etc.
                                                               2. 228.Request for assessment of needs: duty on local authorities and Health Boards
                                                               1. Designation of mental health officer
                                                                  1. 229.Designation of mental health officer responsible for patient’s case
                                                                  1. 230.Appointment of patient’s responsible medical officer
                                                                  1. 231.Social circumstances report: mental health officer’s duties
                                                                  1. 232.Meaning of “relevant event”
                                                                  1. Designated medical practitioners
                                                                     1. 233.Designated medical practitioners
                                                                     1. 234.Certain surgical operations etc.
                                                                     2. 235.Treatment mentioned in section 234(2): patients capable of consenting
                                                                     3. 236.Treatment mentioned in section 234(2): patients incapable of consenting
                                                                     1. 237.Electro-convulsive therapy etc.
                                                                     2. 238.Treatment mentioned in sections 237(3) and 240(3): patients capable of consenting and not refusing consent
                                                                     3. 239.Treatment mentioned in section 237(3): patients incapable of consenting
                                                                     4. 240.Treatments given over period of time etc.
                                                                     5. 241.Treatment mentioned in section 240(3): patients refusing consent or incapable of consenting
                                                                     6. 242.Treatment not mentioned in section 234(2), 237(3) or 240(3)
                                                                     1. 243.Urgent medical treatment
                                                                     1. 244.Scottish Ministers' power to make provision in relation to treatment for certain informal patients
                                                                     1. 245.Certificates under sections 235, 236, 239 and 241
                                                                     2. 246.Certificates under section 238
                                                                     3. 247.Scope of consent or certificate under sections 235, 236, 238, 239 and 241
                                                                     4. 248.Sections 235, 236, 238, 239 and 241: review of treatment etc.
                                                                     1. 249.Interpretation of Part
                                                                     1. Chapter 1 Named person
                                                                        1. Meaning of “ named person ”
                                                                           1. 250.Nomination of named person
                                                                           2. 251.Named person where no person nominated or nominated person declines to act
                                                                           3. 252.Named person in relation to child
                                                                           4. 253.Declaration in relation to named person
                                                                           5. 254.Meaning of “nearest relative”
                                                                           1. 255.Named person: mental health officer’s duties etc.
                                                                           1. 256.Named person: application by patient etc.
                                                                           1. 257.Named person: Tribunal’s powers
                                                                           1. 257A.Ability to act if no named person
                                                                           1. 258.Interpretation of Chapter
                                                                           1. Advocacy
                                                                              1. 259.Advocacy
                                                                              2. 259A.Information gathering
                                                                              1. 260.Provision of information to patient
                                                                              2. 261.Provision of assistance to patient with communication difficulties
                                                                              3. 261A.Help with communication at medical examination etc.
                                                                              1. 262.Access to medical practitioner for purposes of medical examination
                                                                              2. 263.Inspection of records by medical practitioner
                                                                              1. State hospitals
                                                                                 1. 264.Detention in conditions of excessive security: state hospitals
                                                                                 2. 265.Order under section 264: further provision
                                                                                 3. 266.Order under section 265: further provision
                                                                                 4. 267.Order under section 264 or 265: recall
                                                                                 1. 268.Detention in conditions of excessive security: hospitals other than state hospitals
                                                                                 2. 269.Order under section 268: further provision
                                                                                 3. 270.Order under section 269: further provision
                                                                                 4. 271.Order under section 268 or 269: recall
                                                                                 1. 271A.Regulation-making powers
                                                                                 1. 272.Proceedings for specific performance of statutory duty
                                                                                 1. 273.Interpretation of Chapter
                                                                                 1. Code of practice
                                                                                    1. 274.Code of practice
                                                                                    1. 275.Advance statements: making and withdrawal
                                                                                    2. 276.Advance statements: effect
                                                                                    3. 276A.Advance statements to be put with medical records
                                                                                    4. 276B.Advance statements to be registered by the Commission
                                                                                    5. 276C.Publicising support for making advance statements
                                                                                    1. 277.Education of persons who have mental disorder
                                                                                    1. 278.Duty to mitigate adverse effect of compulsory measures on parental relations
                                                                                    1. 279.Information for research
                                                                                    1. 280.Restriction of Scottish Ministers' power to delegate management of state hospitals
                                                                                    1. 281.Correspondence of certain persons detained in hospital
                                                                                    2. 282.Correspondence: supplementary
                                                                                    3. 283.Review of decision to withhold postal packet
                                                                                    4. 284.Certain persons detained in hospital: use of telephones
                                                                                    5. 285.Directions as to implementation of regulations under section 284(1)
                                                                                    6. 286.Safety and security in hospitals
                                                                                    1. 287.Scottish Ministers' power to require responsible medical officer to provide certain information
                                                                                    1. 288.Payments to persons in hospital to meet personal expenses
                                                                                    1. 289.Cross-border transfer: patients subject to requirement other than detention
                                                                                    2. 290.Cross-border transfer: patients subject to detention requirement or otherwise in hospital
                                                                                    1. 291.Application to Tribunal in relation to unlawful detention
                                                                                    1. 291A.Conflicts of interest to be avoided
                                                                                    1. Entry to premises
                                                                                       1. 292.Warrant to enter premises for purposes of taking patient
                                                                                       1. 293.Removal order
                                                                                       2. 294.Removal order: urgent application to justice of the peace
                                                                                       3. 295.Recall or variation of removal order
                                                                                       4. 295A.Notification of decision under section 293 or 295
                                                                                       5. 296.No appeal against decision under section 293 or 295
                                                                                       6. 297.Removal from public place
                                                                                       7. 298.Removal under section 297: further provision
                                                                                       1. 299.Nurse’s power to detain pending medical examination
                                                                                       1. 300.Meaning of “place of safety”
                                                                                       1. Absconding
                                                                                          1. 301.Absconding etc. by patients subject to compulsory treatment order
                                                                                          2. 302.Absconding etc. by other patients
                                                                                          3. 303.Taking into custody and return of absconding patients
                                                                                          1. 304.Effect of unauthorised absence
                                                                                          2. 305.Effect of long unauthorised absence ending more than 14 days before expiry of compulsory treatment order
                                                                                          3. 306.Effect of unauthorised absence ending simultaneously with or within 14 days before expiry of compulsory treatment order
                                                                                          4. 307.Effect of unauthorised absence ending after expiry of compulsory treatment order
                                                                                          5. 308.Effect of unauthorised absence of patient subject to short-term detention certificate or certificate under section 114(2) or 115(2)
                                                                                          1. 309.Patients from other jurisdictions
                                                                                          2. 309A.Cross-border visits: leave of absence
                                                                                          1. 310.Regulations as to absconding by other patients
                                                                                          1. 311.Non-consensual sexual acts
                                                                                          2. 312.Offences under section 311: extended sentences
                                                                                          3. 313.Persons providing care services: sexual offences
                                                                                          4. 314.Notification requirements for offenders under sections 311 and 313
                                                                                          5. 315.Ill-treatment and wilful neglect of mentally disordered person
                                                                                          6. 316.Inducing and assisting absconding etc.
                                                                                          7. 317.Obstruction
                                                                                          8. 318.False statements
                                                                                          9. 319.Time limit for summary proceedings for offences under sections 311 and 313
                                                                                          1. 320.Appeal to sheriff principal against certain decisions of the Tribunal
                                                                                          2. 321.Appeal to Court of Session against decisions of sheriff principal
                                                                                          3. 322.Appeal to Court of Session against certain decisions of the Tribunal
                                                                                          4. 323.Suspension of decision of Tribunal pending determination of certain appeals
                                                                                          5. 324.Appeals: general provisions
                                                                                          1. 325.Power to prescribe forms
                                                                                          2. 326.Orders, regulations and rules
                                                                                          3. 327.Directions
                                                                                          4. 328.Meaning of “ mental disorder ”
                                                                                          5. 329.Interpretation
                                                                                          6. 330.Supplementary provisions etc.
                                                                                          7. 331.Minor and consequential amendments, repeals and revocations
                                                                                          8. 332.Transitional provisions etc.
                                                                                          9. 333.Short title and commencement
                                                                                          1. SCHEDULE 1The Mental Welfare Commission for Scotland
                                                                                             1. Part 1 Membership, proceedings etc.
                                                                                                1. Status
                                                                                                   1. 1.The Commission shall not be regarded as the servant or.
                                                                                                   1. 2.The Commission may do anything which appears to it to.
                                                                                                   1. 2A.(1) The Commission is to consist of the following members—.
                                                                                                   2. 2B.(1) In appointing members, the Scottish Ministers are to have.
                                                                                                   1. 2C.(1) Each member of the Commission is to be appointed.
                                                                                                   1. 2D.The Scottish Ministers may, by written notice, remove a member.
                                                                                                   1. 2E.A person is disqualified from appointment, and from holding office.
                                                                                                   1. 3.Membership, proceedings
                                                                                                   1. 4.Membership, proceedings
                                                                                                   1. 5.Membership, proceedings
                                                                                                   1. 6.The Commission shall pay— (a) to its members (and to.
                                                                                                   1. 7.(1) Subject to sub-paragraphs (2) and (3) below and paragraph.
                                                                                                   1. 7A.(1) The Commission must appoint such staff, employed under paragraph.
                                                                                                   1. 7B.(1) The arrangements entered into by virtue of paragraph 7A(2).
                                                                                                   1. 7C.(1) In appointing Commission Visitors, the Commission must appoint one.
                                                                                                   1. 7D.(1) The Commission may establish committees for any purpose relating.
                                                                                                   1. 7E.(1) The Commission may determine its own procedure and that.
                                                                                                   1. 7F.(1) A member of the Commission may not—
                                                                                                   1. 7G.(1) The Commission may, subject to sub-paragraphs (2), (3) and.
                                                                                                   1. 7H.(1) The Commission must delegate to the chief executive the.
                                                                                                   1. 7I.The Commission's determination of the location of its office premises.
                                                                                                   1. 8.Membership, proceedings
                                                                                                   1. 9.The following provisions of the National Health Service (Scotland) Act.
                                                                                                   1. 10.(1) The Mental Health (Scotland) Act 1984 (c. 36) shall.
                                                                                                   2. Transitional provision: first chief executive
                                                                                                      1. 10A.(1) The person who, immediately before the coming into force.
                                                                                                      1. 10B.Any person who, immediately before the coming into force of.
                                                                                                      1. Part 1 Members of NCF etc.
                                                                                                         1. Membership
                                                                                                            1. 1.(1) NCF is to consist of— (a) the NCF Head.
                                                                                                            1. 2.(1) The selection panel is to consist of—
                                                                                                            1. 3.(1) This paragraph applies where— (a) the Commission proposes, in.
                                                                                                            1. 4.(1) NCF may do anything which appears to it to.
                                                                                                            1. 5.(1) The provisions of schedule 1 mentioned in sub-paragraph (2).
                                                                                                            1. Delegation by NCF
                                                                                                               1. 6.(1) NCF must delegate the NCF functions to the persons.
                                                                                                               1. Eligibility
                                                                                                                  1. 7.(1) NCF may receive testimony from any eligible person whose.
                                                                                                                  1. Testimony given to NCF
                                                                                                                     1. 8.(1) NCF must make provision for receiving testimony under paragraph.
                                                                                                                     1. 9.(1) NCF may record testimony and any other information received.
                                                                                                                     1. 10.NCF may require the Commission to pay such expenses as.
                                                                                                                     1. Reports by NCF
                                                                                                                        1. 11.(1) NCF may prepare— (a) reports based on testimony received.
                                                                                                                        1. 12.(1) As soon as practicable after 31 March in each.
                                                                                                                        1. Disclosure of information
                                                                                                                           1. 13.(1) This paragraph applies to— (a) the Commission,
                                                                                                                           1. 14.In this schedule— “ child ” means a person who.
                                                                                                                           1. Part 1 Members of the Tribunal etc.
                                                                                                                              1. Members
                                                                                                                                 1. 1.(1) The Scottish Ministers shall appoint as members of the.
                                                                                                                                 1. 2.There shall be a panel consisting of each person who.
                                                                                                                                 1. 3.(1) The Scottish Ministers shall appoint a person to be.
                                                                                                                                 1. 4.(1) Subject to this paragraph and paragraph 5 below, each.
                                                                                                                                 2. 5.(1) A member of the Tribunal may be removed from.
                                                                                                                                 1. 6.(1) The Scottish Courts and Tribunals Service must pay, or.
                                                                                                                                 1. Organisation and administration of the functions of the Tribunal
                                                                                                                                    1. 7.(1) The functions of the Tribunal shall be discharged by.
                                                                                                                                    1. 8.(1) The Scottish Ministers may appoint such staff and provide.
                                                                                                                                    1. 9.Such expenses of the Tribunal as the Scottish Ministers may.
                                                                                                                                    1. Rules
                                                                                                                                       1. 10.(1) The Scottish Ministers may make rules as to the.
                                                                                                                                       1. 11.Subject to rules made under paragraph 10 above the President.
                                                                                                                                       1. 12.(1) The Tribunal may by citation require any person to.
                                                                                                                                       1. 13.(1) Subject to sub-paragraph (2) below, where a decision is.
                                                                                                                                       1. 13A.For the purposes of sections 101(3)(c), 189(2)(a)(ii) and (b)(ii) and.
                                                                                                                                       1. Annual report
                                                                                                                                          1. 14.(1) The President shall, in respect of each period of.
                                                                                                                                          1. 15.The President shall, at such times and in respect of.
                                                                                                                                          1. 16.(1) The Tribunal may pay to any person (other than.
                                                                                                                                          1. 1.Section 57(3) of this Act shall have effect as if.
                                                                                                                                          2. 1A.In the case of a patient subject to a hospital.
                                                                                                                                          3. 2.(1) Section 64(4)(a)(i) of this Act shall have effect subject.
                                                                                                                                          4. 3.Section 65 of this Act shall not have effect.
                                                                                                                                          1. The Social Work (Scotland) Act 1968 (c.49)
                                                                                                                                             1. 1.(1) The Social Work (Scotland) Act 1968 shall be amended.
                                                                                                                                             1. 2.In section 64(5) of the Local Government (Scotland) Act 1973.
                                                                                                                                             1. 3.In section 102(1) of the National Health Service (Scotland) Act.
                                                                                                                                             1. 4.(1) The Disabled Persons (Services, Consultation and Representation) Act 1986.
                                                                                                                                             1. 5.In Part II of Schedule 1 to the Tribunals and.
                                                                                                                                             1. 6.In section 4(1) of the Prisoners and Criminal Proceedings (Scotland).
                                                                                                                                             1. 7.In section 23(2) of the Children (Scotland) Act 1995 (children.
                                                                                                                                             1. 8.(1) The Criminal Procedure (Scotland) Act 1995 shall be amended.
                                                                                                                                             1. 9.(1) The Adults with Incapacity (Scotland) Act 2000 shall be.
                                                                                                                                             1. 10.In section 77(1) of the Regulation of Care (Scotland) Act.
                                                                                                                                             1. 11.In paragraph 4(6) of schedule 7 to the Housing (Scotland).
                                                                                                                                             1. 12.(1) The Community Care and Health (Scotland) Act 2002 shall.
                                                                                                                                             1. 13.In schedule 3 to the Scottish Public Services Ombudsman Act.
                                                                                                                                             1. Part 1 Repeals
                                                                                                                                             2. Part 2 Revocations
                                                                                                                                             1. 1.Sections 33, 64 and 66 of the Mental Health (Scotland).
                                                                                                                                             2. 2.In section 33 (discharge of patients from hospital), in subsection.
                                                                                                                                             3. 3.In section 64 (appeal by patient subject to restriction order)—.
                                                                                                                                             4. 4.In section 66 (further consideration of case of conditionally discharged.