Mental Health (Scotland) Act 1984

3 Functions and duties of the Mental Welfare Commission.S

(1)It shall be the duty of the Mental Welfare Commission generally to exercise protective functions in respect of persons who may, by reason of mental disorder, be incapable of adequately protecting their persons or their interests, and, where those persons are liable to be detained in hospital or subject to guardianship [F1or a community care order] under the following provisions of this Act, their functions as aforesaid shall include, in appropriate cases, the discharge of such patients in accordance with the said provisions.

(2)In the exercise of their functions as aforesaid, it shall be the duty of the Mental Welfare Commission—

(a)to make enquiry into any case where it appears to them that there may be ill-treatment, deficiency in care or treatment, or improper detention of any person who may be suffering from mental disorder, or where the property of any such person may, by reason of his mental disorder, be exposed to loss or damage;

(b)to visit regularly and, subject to paragraph (c) of this subsection, as often as they think appropriate, patients who are liable to be detained in a hospital or who are subject to guardianship [F2or a community care order] and on any such visit to afford an opportunity, on request, for private interview to any such patient or, where the patient is in a hospital, to any other patient in that hospital;

(c)in any case where—

(i)The authority for the detention of a patient—

(A)has been renewed for a period of one year under section 30 of this Act; and

(B)is renewed for a further period of one year under that section; and

(ii)the patient has not, during the period referred to in sub-paragraph (i)(A) of this paragraph—

(A)appealed to the sheriff under section 30(6) of this Act; or

(B)been visited by the Mental Welfare Commission under paragraph (b) of this sub-section,

to visit the patient before the expiry of the period of one year referred to in sub-paragraph (i)(B) of this paragraph, unless the patient has previously been discharged, and on any such visit to afford an opportunity, on request, for private interview to any such patient;

(d)to bring to the attention of the managers of any hospital or of any local authority the facts of any case in which in the opinion of the Mental Welfare Commission it is desirable for the managers or the local authority to exercise any of their functions to secure the welfare of any patient suffering from mental disorder by—

(i)preventing his ill-treatment;

(ii)remedying any deficiency in his care or treatment;

(iii)terminating his improper detention; or

(iv)preventing or redressing loss or damage to his property;

(e)to advise the Secretary of State, a Health Board [F3, a National Health Service trust established under section 12A of the National Health Service (Scotland) Act 1978] or a local authority on any matter arising out of this Act which has been referred to the Commission by the Secretary of State, the Health Board [F4, the National Health Service trust], or the local authority, as the case may be;

(f)to bring to the attention of the Secretary of State, a Health Board, a local authority or any other body any matter concerning the welfare of any persons who are suffering from mental disorder which the Commission consider ought to be brought to his or their attention.

(3)Where, in the course of carrying out any of their functions, the Mental Welfare Commission form the opinion that any patient who is—

(a)liable to be detained in a hospital; and

(b)either a restricted patient within the meaning of section 63 of this Act or a person mentioned in section 67(1) or (2) (persons treated as restricted patients) of this Act,

should be discharged, they shall recommend accordingly to the Secretary of State.

(4)On any visit by the Mental Welfare Commission in pursuance of paragraph (b) or (c) of subsection (2) of this section, the visitor shall be, or the visitors shall include, a medical commissioner or a medical officer of the Commission.

(5)For the purposes of subsection (2) of this section, the Mental Welfare Commission may interview, and a medical commissioner or a medical officer of the Commission may examine, any patient in private.

(6)A medical commissioner or a medical officer of the Mental Welfare Commission may require the production of and inspect the medical records of any patient.

(7)The Mental Welfare Commission shall in 1985 and in every year thereafter publish a report on their activities; and copies of each such report shall be submitted by the Commission to the Secretary of State who shall lay copies before Parliament.

(8)Subject to the provisions of subsection (4) of this section, the Mental Welfare Commission may appoint—

(a)any commissioner or committee of commissioners to carry out any of the functions of the Commission, other than those relating to the discharge of patients, under this Act,

(b)a person, not being a commissioner—

(i)to make by himself; or

(ii)to act as chairman of any committee of commissioners appointed under paragraph (a) of this subsection to make,

any enquiry which the Commission are obliged to make under subsection (2)(a) of this section

and where any committee is so appointed the Commission may fix a quorum for that committee and otherwise regulate its proceedings.

(9)A person appointed under subsection (9)(b) of this section shall be—

(a)an advocate; or

(b)a solicitor,

of not less than 5 years standing.

(10)Any commissioner or committee or person appointed in pursuance of subsection (9) of this section shall exercise the functions so conferred in accordance with the directions of the Mental Welfare Commission.