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

Contents

5,431 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.

1. Part 1 · Introductory
   1. 1 Principles for discharging certain functions
   2. 2 Welfare of the child
   3. 3 Equal opportunities
2. Part 2 · The Mental Welfare Commission for Scotland
   1. Commission Visitors
   2. Continued existence of Commission
   3. General duties
   4. Particular functions
3. Part 3 · The Mental Health Tribunal for Scotland
   1. 21 The Mental Health Tribunal for Scotland
4. Part 4 · Health Board and local authority functions
   1. Chapter 1 Health Board duties
   2. Chapter 2 Local authority functions
5. Part 5 · Emergency detention
   1. Duties on hospital managers
   2. Effect of emergency detention certificate on certain orders
   3. Emergency detention certificate
   4. Revocation of certificate
   5. Suspension of authority to detain
6. Part 6 · Short-term detention
   1. Duties on hospital managers
   2. Effect of short-term detention certificate etc. on certain orders
   3. Effect of short-term detention certificate on emergency detention certificate
   4. Extension certificate
   5. Revocation of certificates
   6. Short-term detention certificate
   7. Suspension of detention
7. Part 7 · Compulsory treatment orders
   1. Chapter 1 Application for, and making of, orders
   2. Chapter 2 Interim compulsory treatment orders: review and revocation
   3. Chapter 3 Compulsory treatment orders: care plan
   4. Chapter 4 Review of orders
   5. Chapter 5 Breach of orders
   6. Chapter 6 Transfers
   7. Chapter 7 Suspension
8. Part 8 · Mentally disordered persons: criminal proceedings
   1. Chapter 1 Pre-sentence orders
   2. Chapter 2 Disposals on conviction and acquittal
   3. Chapter 3 Mentally disordered prisoners
9. Part 9 · Compulsion orders
   1. Chapter 1 Duties following making of order
   2. Chapter 2 Review of compulsion orders
   3. Chapter 3 Application of Chapters 5 to 7 of Part 7
   4. Chapter 4 Interpretation of Part
10. Part 10 · Compulsion orders and restriction orders
    1. Chapter 1 Preliminary
    2. Chapter 2 Review of orders
    3. Chapter 3 Conditional discharge
11. Part 11 · Hospital directions and transfer for treatment directions
    1. Preliminary
    2. Application by patient etc.
    3. Consequences of review
    4. Effect of revocation of direction
    5. Proceedings before Tribunal
    6. Reference to Tribunal by Scottish Ministers
    7. Responsible medical officer’s duty to keep directions under review
    8. Review of directions
    9. Scottish Ministers' duty to keep directions under review
    10. Termination of direction on release of patient
12. Part 12 · Parts 10 and 11: transfers
    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
13. Part 13 · Parts 8, 10 and 11: suspension
    1. Assessment orders
    2. Certain other orders and directions
14. Part 14 · Assessment of needs
    1. 227 Assessment of needs for community care services etc.
    2. 228 Request for assessment of needs: duty on local authorities and Health Boards
15. Part 15 · Preliminary duties on making of orders etc.
    1. Designation of mental health officer
    2. Meaning of “relevant event”
    3. Patient’s responsible medical officer
    4. Social circumstances reports
16. Part 16 · Medical treatment
    1. Supplementary
    2. Additional safeguards for certain informal patients
    3. Designated medical practitioners
    4. Interpretation of Part
    5. Safeguards for certain surgical operations etc.
    6. Safeguards for other medical treatment
    7. Urgent medical treatment where patient detained in hospital
17. Part 17 · Patient representation etc.
    1. Chapter 1 Named person
    2. Chapter 2 Advocacy etc.
    3. Chapter 3 Detention in conditions of excessive security
18. Part 18 · Miscellaneous
    1. Education
    2. Information
    3. Research
    4. Advance statements
    5. Code of practice
    6. Communications, security etc.
    7. Conflicts of interest to be avoided
    8. Cross-border transfer of patients
    9. Informal patients
    10. Parental relations
    11. Payments for expenses
    12. State hospitals
19. Part 19 · Entry, removal and detention powers
    1. Detention pending medical examination
    2. Entry to premises
    3. Meaning of “place of safety”
    4. Removal to place of safety
20. Part 20 · Absconding
    1. Absconding
    2. Absconding by certain other patients
    3. Effect of unauthorised absence
    4. Patients from other jurisdictions
21. Part 21 · Offences
    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
22. Part 22 · Appeals
    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
23. Part 23 · General
    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
24. Schedule 1 · The Mental Welfare Commission for Scotland
    1. Part 1 Membership, proceedings etc.
    2. Part 2 Transitional provision
25. Schedule 1A · National Confidential Forum
    1. Part 1 Members of NCF etc.
    2. Part 2 Delegation of functions
    3. Part 3 Eligibility to participate in forum
    4. Part 4 Conduct of hearings etc.
    5. Part 5 Reporting
    6. Part 7 General
    7. Confidentiality
26. Schedule 2 · The Mental Health Tribunal for Scotland
    1. Part 1 Members of the Tribunal etc.
    2. Part 2 Organisation and administration of the Tribunal
    3. Part 3 Tribunal procedure
    4. Part 4 Reports, information etc.
27. Schedule 3 · Application of Chapter 1 of Part 7 to certain patients
    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.
28. Schedule 4 · Minor and consequential amendments
    1. The Social Work (Scotland) Act 1968 (c.49)
    2. The Local Government (Scotland) Act 1973 (c.65)
    3. The National Health Service (Scotland) Act 1978 (c.29)
    4. The Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33)
    5. The Tribunals and Inquiries Act 1992 (c.53)
    6. The Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9)
    7. The Children (Scotland) Act 1995 (c.36)
    8. The Criminal Procedure (Scotland) Act 1995 (c.46)
    9. The Adults with Incapacity (Scotland) Act 2000 (asp 4)
    10. The Regulation of Care (Scotland) Act 2001 (asp 8)
    11. The Housing (Scotland) Act 2001 (asp 10)
    12. The Community Care and Health (Scotland) Act 2002 (asp 5)
    13. The Scottish Public Services Ombudsman Act 2002 (asp 11)
29. Schedule 5 · Repeals and revocations
    1. Part 1 Repeals
    2. Part 2 Revocations
30. Schedule 6 · Transitory amendments of the Mental Health (Scotland) Act 1984
    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...