Mental Health (Care and Treatment) (Scotland) Act 2003
Part 1Introductory
1Principles for discharging certain functions
2Welfare of the child
3Equal opportunities
Part 2The Mental Welfare Commission for Scotland
Continued existence of Commission
4The Mental Welfare Commission for Scotland
4ZANational Confidential Forum
4ZBGeneral functions of NCF
4ZCCarrying out NCF functions
4ZDModifications in relation to NCF
Commission Visitors
4ACommission Visitors
General duties
5Duty to monitor operation of Act and promote best practice
6Reporting on operation of Act
Particular functions
7Duty to bring matters generally to attention of Scottish Ministers and others
8Duty to bring specific matters to attention of Scottish Ministers and others etc.
8ADuty to raise service concerns with certain bodies
9Duty to give advice
9ADuty to give advice: further provision
10Publishing information, guidance etc.
11Investigations
12Investigations: further provision
13Visits in relation to patients
14Interviews
15Medical examination
16Inspection etc. of records
17Duties of Scottish Ministers, local authorities and others as respects Commission
18Annual Report
19Statistical information
20Protection from actions of defamation
Part 3The Mental Health Tribunal for Scotland
21The Mental Health Tribunal for Scotland
Part 4Health Board and local authority functions
Chapter 1Health Board duties
Approved medical practitioners
22Approved medical practitioners
Services and accommodation: particular cases
23Provision of services and accommodation for certain patients under 18
24Services and accommodation for mothers
Chapter 2Local authority functions
Provision of services
25Care and support services etc.
26Services designed to promote well-being and social development
27Assistance with travel
Charging for services
28Services under sections 25 to 27: charging
Relationship with general duties
29Relationship between duties under sections 25 to 27 and duties under Social Work (Scotland) Act 1968 and Children (Scotland) Act 1995
Co-operation and assistance
30Co-operation with Health Boards and others
31Assistance from Health Boards and others
Appointment of mental health officers
32Appointment of mental health officers
Duty to inquire into individual cases
33Duty to inquire
34Inquiries under section 33: co-operation
35Inquiries under section 33: warrants
Part 5Emergency detention
Emergency detention certificate
36Emergency detention in hospital
37Notification by medical practitioner
Duties on hospital managers
38Duties on hospital managers: examination, notification etc.
Revocation of certificate
39Approved medical practitioner’s duty to revoke emergency detention certificate
40Revocation of emergency detention certificate: notification
Suspension of authority to detain
41Suspension of authority to detain
42Certificate under section 41: revocation
Effect of emergency detention certificate on certain orders
43Effect of emergency detention certificate on certain orders
Part 6Short-term detention
Short-term detention certificate
44Short-term detention in hospital
45Mental health officer’s duty to interview patient etc.
Duties on hospital managers
46Hospital managers' duties: notification
Extension certificate
47Extension of detention pending application for compulsory treatment order
48Extension certificate: notification
Revocation of certificates
49Responsible medical officer’s duty to review continuing need for detention
50Patient’s right to apply for revocation of short-term detention certificate or extension certificate etc.
51Commission’s power to revoke short-term detention certificate or extension certificate
52Revocation of short-term detention certificate or extension certificate: notification
Suspension of detention
53Suspension of measure authorising detention
54Certificate under section 53: revocation
Effect of short-term detention certificate on emergency detention certificate
55Effect of subsequent short-term detention certificate on emergency detention certificate
Effect of short-term detention certificate etc. on certain orders
56Effect of short-term detention certificate etc. on certain orders
Part 7Compulsory treatment orders
Chapter 1Application for, and making of, orders
Pre-application procedures
57Mental health officer’s duty to apply for compulsory treatment order
58Medical examination: requirements
59Mental health officer’s duty to identify named person
60Application for compulsory treatment order: notification
61Mental health officer’s duty to prepare report
62Mental health officer’s duty to prepare proposed care plan
Application for order
63Application for compulsory treatment order
Making of order etc.
64Powers of Tribunal on application under section 63: compulsory treatment order
65Powers of Tribunal on application under section 63: interim compulsory treatment order
66Measures that may be authorised
67Order authorising detention: ancillary authorisation
Extension of short-term detention: special case
68Extension of short-term detention pending determination of application
Time limit for Tribunal’s determination: special case
69Time limit for determining application etc. where section 68 applies
Effect of making of orders on short-term detention
70Effect of subsequent order on short-term detention certificate
Application of Chapter where patient subject to hospital direction or transfer for treatment direction
71Application of Chapter where patient subject to hospital direction or transfer for treatment direction
71ACompulsory treatment in hospital unit
Chapter 2Interim compulsory treatment orders: review and revocation
72Interim compulsory treatment order: responsible medical officer’s duty to keep under review
73Commission’s power to revoke interim compulsory treatment order
74Revocation under section 72 or 73: notification
75Effect of subsequent compulsory treatment order on interim compulsory treatment order
Chapter 3Compulsory treatment orders: care plan
76Care plan: preparation, placing in medical records etc.
Chapter 4Review of orders
Mandatory reviews by responsible medical officer
77First mandatory review
78Further mandatory reviews
Revocation of order by responsible medical officer or Commission
79Responsible medical officer’s duty to revoke order: mandatory reviews
80Revocation of order: responsible medical officer’s duty to keep under review
81Commission’s power to revoke order
82Revocation of order: notification
Further steps to be taken where order not revoked
83Mandatory reviews: further steps to be taken where order not revoked
Extension of order by responsible medical officer
84Responsible medical officer’s duty where extension of order appears appropriate
85Mental health officer’s duties: extension of order
86Responsible medical officer’s duty to extend order
87Determination extending order: notification etc.
87AFurther information where order extended
Extension and variation of order: application by responsible medical officer
88Responsible medical officer’s duty where extension and variation of order appear appropriate
89Mental health officer’s duties: extension and variation of order
90Responsible medical officer’s duty to apply for extension and variation of order
91Application for extension and variation of order: notification
92Application to Tribunal
Variation of order: application by responsible medical officer
93Responsible medical officer’s duties: variation of order
94Application by responsible medical officer for variation of order: notification
95Application to Tribunal by responsible medical officer
Recorded matters: reference to Tribunal by responsible medical officer
96Recorded matters: reference to Tribunal by responsible medical officer
97Reference to Tribunal under section 96(3): notification
Reference to Tribunal by Commission
98Reference to Tribunal by Commission
Applications by patient etc.
99Application by patient etc. for revocation of determination extending order
100Application by patient etc. for revocation or variation of order
Review by Tribunal of determination extending order
101Tribunal’s duty to review determination under section 86
Powers of Tribunal
102Powers of Tribunal on review under section 101
103Powers of Tribunal on application under section 92, 95, 99 or 100
104Powers of Tribunal on reference under section 96 or 98
105Interim extension etc. of order: application under section 92
106Interim variation of order: application, reference or review under Chapter
107Limit on Tribunal’s power to make interim orders
108Tribunal’s order varying compulsory treatment order
109Ancillary powers of Tribunal
Effect of interim orders on calculation of time periods in Chapter
110Effect of interim orders on calculation of time periods in Chapter
Meaning of “modify”
111Meaning of “modify”
Chapter 5Breach of orders
Failure to attend for medical treatment
112Failure to attend for medical treatment
Non-compliance generally with order
113Non-compliance generally with order
114Compulsory treatment order: detention pending review or application for variation
115Interim compulsory treatment order: detention pending further procedure
116Certificate under section 114(2) or 115(2): notification
Revocation of certificates
117Certificate under section 114(2): responsible medical officer’s duty to revoke
118Certificate under section 115(2): responsible medical officer’s duty to revoke
119Revocation of certificate granted under section 114(2) or 115(2): notification
120Certificates under sections 114(2) and 115(2): patient’s right to apply to Tribunal
Effect of section 113(5) on order
121Effect of section 113(5) on order
Effect of certificate under section 114(2) on order
122Effect of certificate under section 114(2) on order
Effect of certificate under section 115(2) on order
123Effect of certificate under section 115(2) on order
Chapter 6Transfers
124Transfer to other hospital
124ATransfer to other hospital unit
125Transfer to hospital other than state hospital: appeal to Tribunal
126Transfer to state hospital: appeal to Tribunal
Chapter 7Suspension
127Suspension of measure authorising detention
128Suspension of other measures
129Certificates under sections 127 and 128: revocation
Part 8Mentally disordered persons: criminal proceedings
Chapter 1Pre-sentence orders
Assessment orders and treatment orders
130Mentally disordered persons subject to criminal proceedings: assessment and treatment
Interim compulsion orders
131Mentally disordered offenders: interim compulsion orders
Remand for inquiry into mental condition
132Remand for inquiry into mental condition: time-limit for appeals
Chapter 2Disposals on conviction and acquittal
Compulsion orders
133Mentally disordered offenders: compulsion orders
Urgent detention of acquitted persons
134Power of court to detain acquitted persons
Probation with a requirement of treatment
135Amendment of 1995 Act: probation for treatment of mental disorder
Chapter 3Mentally disordered prisoners
136Transfer of prisoners for treatment for mental disorder
Part 9Compulsion orders
Chapter 1Duties following making of order
137Part 9 care plan
138Mental health officer’s duty to identify named person
Chapter 2Review of compulsion orders
Mandatory reviews by responsible medical officer
139First review of compulsion order
140Further reviews of compulsion order
Revocation of order by responsible medical officer or Commission
141Responsible medical officer’s duty to revoke compulsion order: mandatory reviews
142Revocation of compulsion order: responsible medical officer’s duty to keep under review
143Commission’s power to revoke compulsion order
144Revocation of compulsion order: notification
Further steps to be taken where order not revoked
145Mandatory reviews: further steps to be taken where compulsion order not revoked
Extension of order following first review
146First review: responsible medical officer’s duty where extension proposed
147Proposed extension on first review: mental health officer’s duties
148First review: responsible medical officer’s duty to apply for extension of compulsion order
149Application to Tribunal for extension of order following first review
Extension of order following further review
150Further review: responsible medical officer’s duty where extension proposed
151Proposed extension of order on further review: mental health officer’s duties
152Further review: responsible medical officer’s duty to extend compulsion order
153Determination extending compulsion order: notification
153AFurther information on extension of compulsion order
Extension and variation of order
154Responsible medical officer’s duty where extension and variation proposed
155Mental health officer’s duties: extension and variation of compulsion order
156Responsible medical officer’s duty to apply for extension and variation of compulsion order
157Application for extension and variation of compulsion order: notification
158Application to Tribunal for extension and variation of compulsion order
Variation of order
159Responsible medical officer’s duties: variation of compulsion order
160Application for variation of compulsion order: notification
161Application to Tribunal by responsible medical officer
Reference to Tribunal by Commission
162Commission’s power to make reference to Tribunal
Applications to Tribunal by patient etc.
163Application to Tribunal by patient etc. for revocation of determination extending compulsion order
164Application to Tribunal by patient etc. for revocation or variation of compulsion order
164AApplication to end disclosure period for compulsion order
Review by Tribunal of determination extending order
165Tribunal’s duty to review determination under section 152
Powers of Tribunal
166Powers of Tribunal on review under section 165
167Powers of Tribunal on application under section 149, 158, 161, 163 or 164
167ADuties of Tribunal on application under section 164A
167BDuty to notify outcome of applications under section 164A
168Interim extension etc. of order: application under section 149or 158
169Interim variation of order following application, reference or review under Chapter
170Limit on power of Tribunal to make interim order
171Powers of Tribunal on reference under section 162
172Tribunal’s order varying compulsion order
173Applications to Tribunal: ancillary powers
Effect of interim orders: calculation of time periods in Chapter
174Effect of interim orders: calculation of time periods in Chapter
Meaning of “modify”
175Meaning of “modify”
Chapter 3Application of Chapters 5 to 7 of Part 7
Breach of order
176Medical treatment: failure to attend
177Non-compliance generally with compulsion order
Transfers
178Transfers
Suspension of measures
179Suspension of measures
Chapter 4Interpretation of Part
180Interpretation of Part
Part 10Compulsion orders and restriction orders
Chapter 1Preliminary
181Mental health officer’s duty to identify named person
Chapter 2Review of orders
Annual review of orders
182Review of compulsion order and restriction order
Consequences of annual review
183Responsible medical officer’s report and recommendation following review of compulsion order and restriction order
Responsible medical officer’s duty to keep orders under review
184Responsible medical officer’s duty to keep compulsion order and restriction order under review
Reference to Tribunal by Scottish Ministers
185Duty of Scottish Ministers on receiving report from responsible medical officer
186Commission’s power to require Scottish Ministers to make reference to Tribunal
187Notice under section 186(2): reference to Tribunal
Scottish Ministers' duty to keep orders under review
188Duty of Scottish Ministers to keep compulsion order and restriction order under review
189Reference to Tribunal by Scottish Ministers
190Application by Scottish Ministers: notification
191Application to Tribunal
Application by patient etc.
192Application to Tribunal by patient and named person
Proceedings before Tribunal
193Powers of Tribunal on reference under section 185(1), 187(2) or 189(2) or application under section 191 or 192(2)
194Tribunal’s powers etc. when varying compulsion order
195Deferral of conditional discharge
Effect of modification or revocation of orders
196General effect of orders under section 193
197Effect of revocation of compulsion order
198Effect of revocation of restriction order
Meaning of “modify”
199Meaning of “modify”
Chapter 3Conditional discharge
200Variation of conditions imposed on conditional discharge
201Appeal to Tribunal against variation of conditions imposed on conditional discharge
202Recall of patients from conditional discharge
203Effect of recall from conditional discharge
204Appeal to Tribunal against recall from conditional discharge
Part 11Hospital directions and transfer for treatment directions
Preliminary
205Mental health officer’s duty to identify named person
Review of directions
206Review of hospital direction and transfer for treatment direction
Consequences of review
207Responsible medical officer’s report following review of direction
Responsible medical officer’s duty to keep directions under review
208Responsible medical officer’s duty to keep directions under review
Reference to Tribunal by Scottish Ministers
209Commission’s power to require Scottish Ministers to make reference to Tribunal
210Duty of Scottish Ministers on receiving report from responsible medical officer
211Notice under section 209(2): reference to Tribunal
Scottish Ministers' duty to keep directions under review
212Duty of Scottish Ministers to keep directions under review
213Reference to Tribunal by Scottish Ministers
Application by patient etc.
214Application to Tribunal by patient and named person
Proceedings before Tribunal
215Powers of Tribunal on reference under section 210(3), 211(2) or 213(2) or on application under section 214(2)
Effect of revocation of direction
216Effect of revocation of direction
Termination of direction on release of patient
217Termination of hospital direction on release of patient
Part 12Parts 10 and 11: transfers
218Transfer of patients between hospitals
218ATransfer of patient from specified hospital unit
219Appeal to Tribunal against transfer under section 218 to hospital other than state hospital
220Appeal to Tribunal against transfer under section 218 to state hospital
Part 13Parts 8, 10 and 11: suspension
Assessment orders
221Assessment order: suspension of measure authorising detention
222Certificate under section 221: revocation by responsible medical officer
223Certificate under section 221: revocation by Scottish Ministers
Certain other orders and directions
224Patients subject to certain other orders and directions: suspension of measure authorising detention
225Certificate under section 224: revocation by responsible medical officer
226Certificate under section 224: revocation by Scottish Ministers
Part 14Assessment of needs
227Assessment of needs for community care services etc.
228Request for assessment of needs: duty on local authorities and Health Boards
Part 15Preliminary duties on making of orders etc.
Designation of mental health officer
229Designation of mental health officer responsible for patient’s case
Patient’s responsible medical officer
230Appointment of patient’s responsible medical officer
Social circumstances reports
231Social circumstances report: mental health officer’s duties
Meaning of “relevant event”
232Meaning of “relevant event”
Part 16Medical treatment
Designated medical practitioners
233Designated medical practitioners
Safeguards for certain surgical operations etc.
234Certain surgical operations etc.
235Treatment mentioned in section 234(2): patients capable of consenting
236Treatment mentioned in section 234(2): patients incapable of consenting
Safeguards for other medical treatment
237Electro-convulsive therapy etc.
238Treatment mentioned in sections 237(3) and 240(3): patients capable of consenting and not refusing consent
239Treatment mentioned in section 237(3): patients incapable of consenting
240Treatments given over period of time etc.
241Treatment mentioned in section 240(3): patients refusing consent or incapable of consenting
242Treatment not mentioned in section 234(2), 237(3) or 240(3)
Urgent medical treatment where patient detained in hospital
243Urgent medical treatment
Additional safeguards for certain informal patients
244Scottish Ministers' power to make provision in relation to treatment for certain informal patients
Supplementary
245Certificates under sections 235, 236, 239 and 241
246Certificates under section 238
247Scope of consent or certificate under sections 235, 236, 238, 239 and 241
248Sections 235, 236, 238, 239 and 241: review of treatment etc.
Interpretation of Part
249Interpretation of Part
Part 17Patient representation etc.
Chapter 1Named person
Meaning of “named person”
250Nomination of named person
251Named person where no person nominated or nominated person declines to act
252Named person in relation to child
253Declaration in relation to named person
254Meaning of “nearest relative”
Mental health officer’s duties etc.
255Named person: mental health officer’s duties etc.
Applications to Tribunal by patient etc.
256Named person: application by patient etc.
Tribunal’s powers
257Named person: Tribunal’s powers
Ability to act if no named person
257AAbility to act if no named person
Interpretation of Chapter
258Interpretation of Chapter
Chapter 2Advocacy etc.
Advocacy
259Advocacy
259AInformation gathering
Information
260Provision of information to patient
261Provision of assistance to patient with communication difficulties
261AHelp with communication at medical examination etc.
Access to medical practitioner
262Access to medical practitioner for purposes of medical examination
263Inspection of records by medical practitioner
Chapter 3Detention in conditions of excessive security
State hospitals
264Detention in conditions of excessive security: state hospitals
265Order under section 264: further provision
266Order under section 265: further provision
267Order under section 264 or 265: recall
Other hospitals
268Detention in conditions of excessive security: hospitals other than state hospitals
269Order under section 268: further provision
270Order under section 269: further provision
271Order under section 268 or 269: recall
Process for orders: further provision
271ARegulation-making powers
Enforcement: civil proceedings
272Proceedings for specific performance of statutory duty
Interpretation of Chapter
273Interpretation of Chapter
Part 18Miscellaneous
Code of practice
274Code of practice
Advance statements
275Advance statements: making and withdrawal
276Advance statements: effect
276AAdvance statements to be put with medical records
276BAdvance statements to be registered by the Commission
276CPublicising support for making advance statements
Education
277Education of persons who have mental disorder
Parental relations
278Duty to mitigate adverse effect of compulsory measures on parental relations
Research
279Information for research
State hospitals
280Restriction of Scottish Ministers' power to delegate management of state hospitals
Communications, security etc.
281Correspondence of certain persons detained in hospital
282Correspondence: supplementary
283Review of decision to withhold postal packet
284Certain persons detained in hospital: use of telephones
285Directions as to implementation of regulations under section 284(1)
286Safety and security in hospitals
Information
287Scottish Ministers' power to require responsible medical officer to provide certain information
Payments for expenses
288Payments to persons in hospital to meet personal expenses
Cross-border transfer of patients
289Cross-border transfer: patients subject to requirement other than detention
290Cross-border transfer: patients subject to detention requirement or otherwise in hospital
Informal patients
291Application to Tribunal in relation to unlawful detention
Conflicts of interest to be avoided
291AConflicts of interest to be avoided
Part 19Entry, removal and detention powers
Entry to premises
292Warrant to enter premises for purposes of taking patient
Removal to place of safety
293Removal order
294Removal order: urgent application to justice of the peace
295Recall or variation of removal order
295ANotification of decision under section 293 or 295
296No appeal against decision under section 293 or 295
297Removal from public place
298Removal under section 297: further provision
Detention pending medical examination
299Nurse’s power to detain pending medical examination
Meaning of “place of safety”
300Meaning of “place of safety”
Part 20Absconding
Absconding
301Absconding etc. by patients subject to compulsory treatment order
302Absconding etc. by other patients
303Taking into custody and return of absconding patients
Effect of unauthorised absence
304Effect of unauthorised absence
305Effect of long unauthorised absence ending more than 14 days before expiry of compulsory treatment order
306Effect of unauthorised absence ending simultaneously with or within 14 days before expiry of compulsory treatment order
307Effect of unauthorised absence ending after expiry of compulsory treatment order
308Effect of unauthorised absence of patient subject to short-term detention certificate or certificate under section 114(2) or 115(2)
Patients from other jurisdictions
309Patients from other jurisdictions
309ACross-border visits: leave of absence
Absconding by certain other patients
310Regulations as to absconding by other patients
Part 21Offences
311Non-consensual sexual acts
312Offences under section 311: extended sentences
313Persons providing care services: sexual offences
314Notification requirements for offenders under sections 311 and 313
315Ill-treatment and wilful neglect of mentally disordered person
316Inducing and assisting absconding etc.
317Obstruction
318False statements
319Time limit for summary proceedings for offences under sections 311 and 313
Part 22Appeals
320Appeal to sheriff principal against certain decisions of the Tribunal
321Appeal to Court of Session against decisions of sheriff principal
322Appeal to Court of Session against certain decisions of the Tribunal
323Suspension of decision of Tribunal pending determination of certain appeals
324Appeals: general provisions
Part 23General
325Power to prescribe forms
326Orders, regulations and rules
327Directions
328Meaning of “mental disorder”
329Interpretation
330Supplementary provisions etc.
331Minor and consequential amendments, repeals and revocations
332Transitional provisions etc.
333Short title and commencement
SCHEDULE 1The Mental Welfare Commission for Scotland
Part 1Membership, proceedings etc.
Status
1The Commission shall not be regarded as the servant or...
General powers
2The Commission may do anything which appears to it to...
Membership
2A(1) The Commission is to consist of the following members—...
2B(1) In appointing members, the Scottish Ministers are to have...
Terms of appointment etc.
2C(1) Each member of the Commission is to be appointed...
Removal of members
2DThe Scottish Ministers may, by written notice, remove a member...
Disqualification from membership
2EA person is disqualified from appointment, and from holding office,...
Membership
3Membership, proceedings
Terms of office etc.
4Membership, proceedings
Eligibility for reappointment
5Membership, proceedings
Remuneration, pensions, allowances etc.
6The Commission shall pay— (a) to its members (and to...
Appointment etc. of chief executive and other staff
7(1) Subject to sub-paragraphs (2) and (3) below and paragraph...
Commission Visitors
7A(1) The Commission must appoint such staff, employed under paragraph...
Commission Visitors: further provision
7B(1) The arrangements entered into by virtue of paragraph 7A(2)...
Medical Visitors
7C(1) In appointing Commission Visitors, the Commission must appoint one...
Committees
7D(1) The Commission may establish committees for any purpose relating...
Procedure and meetings
7E(1) The Commission may determine its own procedure and that...
Exercise of certain functions etc.
7F(1) A member of the Commission may not—
Delegation of functions
7G(1) The Commission may, subject to sub-paragraphs (2), (3) and...
Mandatory delegation of functions to chief executive
7H(1) The Commission must delegate to the chief executive the...
Location of office
7IThe Commission's determination of the location of its office premises...
Regulations as to proceedings and delegation of functions
8Membership, proceedings
Accounts
9The following provisions of the National Health Service (Scotland) Act...
Part 2Transitional provision
10(1) The Mental Health (Scotland) Act 1984 (c. 36) shall...
Transitional provision: first chief executive
10A(1) The person who, immediately before the coming into force...
Transitional provision: Commissioners
10BAny person who, immediately before the coming into force of...
SCHEDULE 1ANational Confidential Forum
Part 1Members of NCF etc.
Membership
1(1) NCF is to consist of— (a) the NCF Head,...
Membership selection panel
2(1) The selection panel is to consist of—
NCF staff
3(1) This paragraph applies where— (a) the Commission proposes, in...
NCF powers and procedure
4(1) NCF may do anything which appears to it to...
Application of schedule 1 to NCF
5(1) The provisions of schedule 1 mentioned in sub-paragraph (2)...
Part 2Delegation of functions
Delegation by NCF
6(1) NCF must delegate the NCF functions to the persons...
Part 3Eligibility to participate in forum
Eligibility
7(1) NCF may receive testimony from any eligible person whose...
Part 4Conduct of hearings etc.
Testimony given to NCF
8(1) NCF must make provision for receiving testimony under paragraph...
Recording of testimony
9(1) NCF may record testimony and any other information received...
Payment of expenses
10NCF may require the Commission to pay such expenses as...
Part 5Reporting
Reports by NCF
11(1) NCF may prepare— (a) reports based on testimony received,...
Annual NCF reports
12(1) As soon as practicable after 31 March in each...
Confidentiality
Disclosure of information
13(1) This paragraph applies to— (a) the Commission,
Part 7General
14In this schedule— “ child ” means a person who...
SCHEDULE 2The Mental Health Tribunal for Scotland
Part 1Members of the Tribunal etc.
Members
1(1) The Scottish Ministers shall appoint as members of the...
Shrieval panel
2There shall be a panel consisting of each person who...
The President
3(1) The Scottish Ministers shall appoint a person to be...
Terms of office etc.
4(1) Subject to this paragraph and paragraph 5 below, each...
5(1) A member of the Tribunal may be removed from...
Remuneration and pensions etc.
6(1) The Scottish Courts and Tribunals Service must pay, or...
Part 2Organisation and administration of the Tribunal
Organisation and administration of the functions of the Tribunal
7(1) The functions of the Tribunal shall be discharged by...
Staff and accommodation
8(1) The Scottish Ministers may appoint such staff and provide...
Finance
9Such expenses of the Tribunal as the Scottish Ministers may...
Part 3Tribunal procedure
Rules
10(1) The Scottish Ministers may make rules as to the...
Practice directions
11Subject to rules made under paragraph 10 above the President...
Evidence
12(1) The Tribunal may by citation require any person to...
Decisions of the Tribunal
13(1) Subject to sub-paragraph (2) below, where a decision is...
Withdrawn applications to be disregarded for certain purposes
13AFor the purposes of sections 101(3)(c), 189(2)(a)(ii) and (b)(ii) and...
Part 4Reports, information etc.
Annual report
14(1) The President shall, in respect of each period of...
Disclosure of information
15The President shall, at such times and in respect of...
Allowances etc. for attendance at hearings of the Tribunal and preparation of reports
16(1) The Tribunal may pay to any person (other than...
SCHEDULE 3Application of Chapter 1 of Part 7 to certain patients
1Section 57(3) of this Act shall have effect as if,...
1AIn the case of a patient subject to a hospital...
2(1) Section 64(4)(a)(i) of this Act shall have effect subject...
3Section 65 of this Act shall not have effect.
SCHEDULE 4Minor and consequential amendments
The Social Work (Scotland) Act 1968 (c.49)
1(1) The Social Work (Scotland) Act 1968 shall be amended...
The Local Government (Scotland) Act 1973 (c.65)
2In section 64(5) of the Local Government (Scotland) Act 1973...
The National Health Service (Scotland) Act 1978 (c.29)
3In section 102(1) of the National Health Service (Scotland) Act...
The Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33)
4(1) The Disabled Persons (Services, Consultation and Representation) Act 1986...
The Tribunals and Inquiries Act 1992 (c.53)
5In Part II of Schedule 1 to the Tribunals and...
The Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9)
6In section 4(1) of the Prisoners and Criminal Proceedings (Scotland)...
The Children (Scotland) Act 1995 (c.36)
7In section 23(2) of the Children (Scotland) Act 1995 (children...
The Criminal Procedure (Scotland) Act 1995 (c.46)
8(1) The Criminal Procedure (Scotland) Act 1995 shall be amended...
The Adults with Incapacity (Scotland) Act 2000 (asp 4)
9(1) The Adults with Incapacity (Scotland) Act 2000 shall be...
The Regulation of Care (Scotland) Act 2001 (asp 8)
10In section 77(1) of the Regulation of Care (Scotland) Act...
The Housing (Scotland) Act 2001 (asp 10)
11In paragraph 4(6) of schedule 7 to the Housing (Scotland)...
The Community Care and Health (Scotland) Act 2002 (asp 5)
12(1) The Community Care and Health (Scotland) Act 2002 shall...
The Scottish Public Services Ombudsman Act 2002 (asp 11)
13In schedule 3 to the Scottish Public Services Ombudsman Act...
SCHEDULE 5Repeals and revocations
Part 1Repeals
Part 2Revocations
SCHEDULE 6Transitory amendments of the Mental Health (Scotland) Act 1984
1Sections 33, 64 and 66 of the Mental Health (Scotland)...
2In section 33 (discharge of patients from hospital), in subsection...
3In section 64 (appeal by patient subject to restriction order)—...
4In section 66 (further consideration of case of conditionally discharged...

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

2003 asp 13

An Act of the Scottish Parliament to restate and amend the law relating to mentally disordered persons; and for connected purposes.

Annotations:
Modifications etc. (not altering text)