| Guvnor

Enforced by: Mental Health Tribunal for Scotland, Mental Welfare Commission for Scotland, Scottish Government, Care Inspectorate
Status: Amended (in force with amendments)
Penalty ceiling: Imprisonment 2 of 138 obligations carry up to 2 years imprisonment. 2 carry different penalties and 134 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person43 Responsible Person30 Occupier6 Employee2

Plus 57 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Responsible Person — also bound by 108 other Acts

Climate Change Levy (General) Regulations 2001 24 duties

Offshore Installations (Offshore Safety Directive) (Safety Case ) Regulations 2015 21 duties

The Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995 21 duties

The Offshore Installations (Safety Case) Regulations 2005 19 duties

Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations (Northern Ireland) 1995 18 duties

Occupier — also bound by 235 other Acts

The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 47 duties

Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 2006 46 duties

The Welfare of Animals (Slaughter or Killing) Regulations 1995 34 duties

Highways Act 1980 23 duties

Nitrate Pollution Prevention Regulations 2015 19 duties

Employee — also bound by 189 other Acts

Regulation (EU) No 965/2012 (Air Operations) 18 duties

Employment Rights (Northern Ireland) Order 1996 (current NI employment law) 13 duties

The Income Tax (Pay As You Earn) Regulations 2003 11 duties

Shared Parental Leave Regulations 2014 10 duties

Paternity and Adoption Leave Regulations 2002 9 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Introductory

2 of 3 sections shown

s.002 Welfare of the child Regulated

Prioritise the welfare of child patientsAny Person

s.003 Equal opportunities Regulated

Promote equal opportunities when performing mental health care dutiesResponsible Person

1 other section in this Part — procedural and definitional

s.001 Principles for discharging certain functions

Part 2

The Mental Welfare Commission for Scotland

9 of 24 sections shown

s.005 Duty to monitor operation of Act and promote best practice Regulated

Other duties (1) — Crown / regulator

Mental Welfare Commission must monitor and promote best practiceStatutory regulator

s.006 Reporting on operation of Act Regulated

Other duties (1) — Crown / regulator

Mental Welfare Commission must report operational matters to Scottish MinistersStatutory regulator

s.007 Duty to bring matters generally to attention of Scottish Ministers and others Regulated

Other duties (1) — Crown / regulator

Mental Welfare Commission must report concerns to Ministers and authoritiesStatutory regulator

s.008 Duty to bring specific matters to attention of Scottish Ministers and others etc. Regulated

Respond to recommendations regarding individuals with mental disordersAny Person

s.008 Duty to raise service concerns with certain bodies Regulated

Other duties (1) — Crown / regulator

Mental Welfare Commission must report service concerns to regulatorsStatutory regulator

s.009 Duty to give advice Regulated

Other duties (1) — Crown / regulator

Mental Welfare Commission must provide advice when requestedStatutory regulator

s.009 Duty to give advice: further provision Regulated

Other duties (1) — Crown / regulator

Mental Welfare Commission must provide advice when requestedStatutory regulator

s.018 Annual Report Regulated

Other duties (1) — Crown / regulator

Mental Welfare Commission must submit an annual report to Scottish MinistersStatutory regulator

s.019 Statistical information Regulated

Other duties (1) — Crown / regulator

Mental Welfare Commission must publish and report statistical informationStatutory regulator

15 other sections in this Part — procedural and definitional

s.004 The Mental Welfare Commission for Scotland

s.004 Commission Visitors

s.004 National Confidential Forum

s.004 General functions of NCF

s.004 Carrying out NCF functions

s.004 Modifications in relation to NCF

s.010 Publishing information, guidance etc.

s.011 Investigations

s.012 Investigations: further provision

s.013 Visits in relation to patients

s.014 Interviews

s.015 Medical examination

s.016 Inspection etc. of records

s.017 Duties of Scottish Ministers, local authorities and others as respects Commission

s.020 Protection from actions of defamation

Part 3

The Mental Health Tribunal for Scotland

0 of 1 section shown

1 other section in this Part — procedural and definitional

s.021 The Mental Health Tribunal for Scotland

Part 4

Health Board and local authority functions

6 of 14 sections shown

s.023 Provision of services and accommodation for certain patients under 18 Regulated

Other duties (1) — Crown / regulator

Health Boards must provide age-appropriate accommodation for patients under 18Local authority

s.024 Services and accommodation for mothers Regulated

Other duties (1) — Crown / regulator

Health Boards must provide hospital accommodation for mothers and infantsStatutory regulator

s.026 Services designed to promote well-being and social development Regulated

Other duties (1) — Crown / regulator

Local authorities must provide well-being and social development servicesLocal authority

s.030 Co-operation with Health Boards and others Regulated

Co-operate with Health Boards and local authorities when providing care servicesAny Person

s.033 Duty to inquire Regulated

Other duties (1) — Crown / regulator

Local authorities must investigate potential neglect or risks to mental healthLocal authority

s.034 Inquiries under section 33: co-operation Regulated

Cooperate with local authority inquiries regarding at-risk individualsAny Person

8 other sections in this Part — procedural and definitional

s.022 Approved medical practitioners

s.025 Care and support services etc.

s.027 Assistance with travel

s.028 Services under sections 25 to 27: charging

s.029 Relationship between duties under sections 25 to 27 and duties under Social Work (Scotland) Act 1968 and Children (Scotland) Act 1995

s.031 Assistance from Health Boards and others

s.032 Appointment of mental health officers

s.035 Inquiries under section 33: warrants

Part 5

Emergency detention

5 of 8 sections shown

s.036 Emergency detention in hospital Regulated

Complete and deliver emergency detention certificates correctlyAny Person

s.037 Notification by medical practitioner Regulated

Provide notification of emergency detention certificatesAny Person

s.038 Duties on hospital managers: examination, notification etc. Regulated

Arrange medical exams and notify relatives of detained patientsOccupier

s.039 Approved medical practitioner’s duty to revoke emergency detention certificate Regulated

Approved medical practitioner must revoke emergency detention certificatesEmployee

s.040 Revocation of emergency detention certificate: notification Regulated

Notify authorities when a mental health detention certificate is cancelledOccupier

3 other sections in this Part — procedural and definitional

s.041 Suspension of authority to detain

s.042 Certificate under section 41: revocation

s.043 Effect of emergency detention certificate on certain orders

Part 6

Short-term detention

5 of 13 sections shown

s.045 Mental health officer’s duty to interview patient etc. Regulated

Other duties (1) — Crown / regulator

Mental health officer must interview patients and provide advocacy infoLocal authority

s.046 Hospital managers' duties: notification Regulated

Notify patients and authorities of short-term detention certificatesOccupier

s.048 Extension certificate: notification Regulated

Notify relevant parties of a patient's detention extensionAny Person

s.049 Responsible medical officer’s duty to review continuing need for detention Regulated

Review and manage the detention of patients in your careAny Person

s.052 Revocation of short-term detention certificate or extension certificate: notification Regulated

Other duties (1) — Crown / regulator

Mental Welfare Commission must notify parties of detention revocationStatutory regulator

8 other sections in this Part — procedural and definitional

s.044 Short-term detention in hospital

s.047 Extension of detention pending application for compulsory treatment order

s.050 Patient’s right to apply for revocation of short-term detention certificate or extension certificate etc.

s.051 Commission’s power to revoke short-term detention certificate or extension certificate

s.053 Suspension of measure authorising detention

s.054 Certificate under section 53: revocation

s.055 Effect of subsequent short-term detention certificate on emergency detention certificate

s.056 Effect of short-term detention certificate etc. on certain orders

Part 7

Compulsory treatment orders

57 of 76 sections shown

s.057 Mental health officer’s duty to apply for compulsory treatment order Regulated

Other duties (1) — Crown / regulator

Mental health officer must apply for a compulsory treatment orderLocal authority

s.059 Mental health officer’s duty to identify named person Regulated

Other duties (1) — Crown / regulator

Mental health officer must identify a patient's named personLocal authority

s.060 Application for compulsory treatment order: notification Regulated

Other duties (1) — Crown / regulator

Mental health officer must notify parties of compulsory treatment applicationsLocal authority

s.061 Mental health officer’s duty to prepare report Regulated

Other duties (1) — Crown / regulator

Mental health officer must interview patient and prepare reportLocal authority

s.062 Mental health officer’s duty to prepare proposed care plan Regulated

Prepare care plans for patients under compulsory treatment ordersAny Person

s.069 Time limit for determining application etc. where section 68 applies Regulated

Other duties (1) — Crown / regulator

Tribunal must decide on interim compulsory treatment orders within 5 daysTribunal / Court

s.072 Interim compulsory treatment order: responsible medical officer’s duty to keep under review Regulated

Regularly review and revoke interim treatment ordersAny Person

s.074 Revocation under section 72 or 73: notification Regulated

Medical officers must notify relevant parties of order revocationsResponsible Person

s.076 Care plan: preparation, placing in medical records etc. Regulated

Prepare and maintain care plans for patients under compulsory treatmentAny Person

s.079 Responsible medical officer’s duty to revoke order: mandatory reviews Regulated

Medical officer must revoke a compulsory treatment order if criteria aren't metResponsible Person

s.080 Revocation of order: responsible medical officer’s duty to keep under review Regulated

Review and revoke compulsory treatment orders for patientsResponsible Person

s.082 Revocation of order: notification Regulated

Other duties (1) — Crown / regulator

Medical officers and the Commission must notify parties of order revocationsStatutory regulator

s.083 Mandatory reviews: further steps to be taken where order not revoked Regulated

Medical officers must perform specific assessments during patient reviewsResponsible Person

s.084 Responsible medical officer’s duty where extension of order appears appropriate Regulated

Responsible medical officer must notify mental health officer of order extensionResponsible Person

s.085 Mental health officer’s duties: extension of order Regulated

Other duties (1) — Crown / regulator

Mental Health Officers must interview patients and explain rightsLocal authority

s.086 Responsible medical officer’s duty to extend order Regulated

Responsible medical officer must extend compulsory treatment ordersResponsible Person

s.087 Determination extending order: notification etc. Regulated

Responsible medical officers must record and notify extensions of care ordersResponsible Person

s.087 Further information where order extended Regulated

Other duties (1) — Crown / regulator

Mental health officer must record and share extension detailsLocal authority

s.088 Responsible medical officer’s duty where extension and variation of order appear appropriate Regulated

Responsible medical officer must notify MHO of plans to extend and vary ordersResponsible Person

s.089 Mental health officer’s duties: extension and variation of order Regulated

Other duties (1) — Crown / regulator

Mental health officer must interview patient and explain rightsLocal authority

s.090 Responsible medical officer’s duty to apply for extension and variation of order Regulated

Medical officers must apply to the Tribunal to extend or vary treatment ordersResponsible Person

s.091 Application for extension and variation of order: notification Regulated

Notify relevant parties of mental health order extension or variationAny Person

s.093 Responsible medical officer’s duties: variation of order Regulated

Review compulsory treatment orders and apply to the Tribunal to vary them where appropriateAny Person

s.094 Application by responsible medical officer for variation of order: notification Regulated

Medical officer must notify specific parties before varying a patient orderResponsible Person

s.096 Recorded matters: reference to Tribunal by responsible medical officer Regulated

Responsible medical officer must refer missing care services to the TribunalResponsible Person

s.097 Reference to Tribunal under section 96(3): notification Regulated

Responsible medical officers must notify relevant parties of Tribunal referencesResponsible Person

s.100 Application by patient etc. for revocation or variation of order

amended 5 times (opens in a new tab)

s.101 Tribunal’s duty to review determination under section 86 Regulated

Other duties (1) — Crown / regulator

Mental Health Tribunal must review compulsory treatment ordersTribunal / Court

amended 6 times (opens in a new tab)

s.102 Powers of Tribunal on review under section 101

amended 1 time (opens in a new tab)

s.103 Powers of Tribunal on application under section 92, 95, 99 or 100

amended 1 time (opens in a new tab)

s.104 Powers of Tribunal on reference under section 96 or 98

amended 1 time (opens in a new tab)

s.105 Interim extension etc. of order: application under section 92

amended 1 time (opens in a new tab)

s.106 Interim variation of order: application, reference or review under Chapter

amended 1 time (opens in a new tab)

s.107 Limit on Tribunal’s power to make interim orders

amended 1 time (opens in a new tab)

s.108 Tribunal’s order varying compulsory treatment order Regulated

Other duties (1) — Crown / regulator

Tribunal must specify changes when varying a compulsory treatment orderTribunal / Court

amended 1 time (opens in a new tab)

s.109 Ancillary powers of Tribunal

amended 2 times (opens in a new tab)

s.110 Effect of interim orders on calculation of time periods in Chapter

amended 1 time (opens in a new tab)

s.111 Meaning of “modify”

amended 1 time (opens in a new tab)

s.112 Failure to attend for medical treatment

amended 1 time (opens in a new tab)

s.113 Non-compliance generally with order

amended 1 time (opens in a new tab)

s.114 Compulsory treatment order: detention pending review or application for variation

amended 1 time (opens in a new tab)

s.115 Interim compulsory treatment order: detention pending further procedure

amended 1 time (opens in a new tab)

s.116 Certificate under section 114(2) or 115(2): notification Regulated

Notify relevant parties after granting certificates for patient detentionAny Person

amended 1 time (opens in a new tab)

s.117 Certificate under section 114(2): responsible medical officer’s duty to revoke Regulated

Responsible medical officer must revoke detention certificates if criteria not metResponsible Person

amended 1 time (opens in a new tab)

s.118 Certificate under section 115(2): responsible medical officer’s duty to revoke Regulated

Responsible medical officer must revoke detention certificates if unnecessaryResponsible Person

amended 1 time (opens in a new tab)

s.119 Revocation of certificate granted under section 114(2) or 115(2): notification Regulated

Medical officer must notify specific persons when a certificate is revokedResponsible Person

amended 1 time (opens in a new tab)

s.120 Certificates under sections 114(2) and 115(2): patient’s right to apply to Tribunal Regulated

Other duties (1) — Crown / regulator

Tribunal must revoke detention certificates if health risk is not provenTribunal / Court

amended 1 time (opens in a new tab)

s.121 Effect of section 113(5) on order

amended 1 time (opens in a new tab)

s.122 Effect of certificate under section 114(2) on order

amended 1 time (opens in a new tab)

s.123 Effect of certificate under section 115(2) on order

amended 1 time (opens in a new tab)

s.124 Transfer to other hospital

amended 3 times (opens in a new tab)

s.124 Transfer to other hospital unit

amended 3 times

s.125 Transfer to hospital other than state hospital: appeal to Tribunal

amended 1 time (opens in a new tab)

s.126 Transfer to state hospital: appeal to Tribunal

amended 1 time (opens in a new tab)

s.127 Suspension of measure authorising detention Regulated

Manage and record temporary suspensions of detention for patients in careAny Person

amended 12 times (opens in a new tab)

s.128 Suspension of other measures

amended 4 times (opens in a new tab)

s.129 Certificates under sections 127 and 128: revocation

amended 1 time (opens in a new tab)

19 other sections in this Part — procedural and definitional

s.058 Medical examination: requirements

s.063 Application for compulsory treatment order

s.064 Powers of Tribunal on application under section 63: compulsory treatment order

s.065 Powers of Tribunal on application under section 63: interim compulsory treatment order

s.066 Measures that may be authorised

s.067 Order authorising detention: ancillary authorisation

s.068 Extension of short-term detention pending determination of application

s.070 Effect of subsequent order on short-term detention certificate

s.071 Application of Chapter where patient subject to hospital direction or transfer for treatment direction

s.071 Compulsory treatment in hospital unit

s.073 Commission’s power to revoke interim compulsory treatment order

s.075 Effect of subsequent compulsory treatment order on interim compulsory treatment order

s.077 First mandatory review

s.078 Further mandatory reviews

s.081 Commission’s power to revoke order

s.092 Application to Tribunal

s.095 Application to Tribunal by responsible medical officer

s.098 Reference to Tribunal by Commission

s.099 Application by patient etc. for revocation of determination extending order

Part 8

Mentally disordered persons: criminal proceedings

7 of 7 sections shown

s.130 Mentally disordered persons subject to criminal proceedings: assessment and treatment

amended 5 times (opens in a new tab)

s.131 Mentally disordered offenders: interim compulsion orders

amended 1 time (opens in a new tab)

s.132 Remand for inquiry into mental condition: time-limit for appeals

amended 1 time (opens in a new tab)

s.133 Mentally disordered offenders: compulsion orders

amended 3 times (opens in a new tab)

s.134 Power of court to detain acquitted persons

amended 2 times (opens in a new tab)

s.135 Amendment of 1995 Act: probation for treatment of mental disorder

amended 2 times (opens in a new tab)

s.136 Transfer of prisoners for treatment for mental disorder

amended 8 times (opens in a new tab)

Part 9

Compulsion orders

48 of 48 sections shown

s.137 Part 9 care plan

amended 4 times (opens in a new tab)

s.138 Mental health officer’s duty to identify named person Regulated

Other duties (1) — Crown / regulator

Mental health officer must identify a patient's named personLocal authority

amended 1 time (opens in a new tab)

s.139 First review of compulsion order

amended 3 times (opens in a new tab)

s.140 Further reviews of compulsion order

amended 3 times (opens in a new tab)

s.141 Responsible medical officer’s duty to revoke compulsion order: mandatory reviews Regulated

Medical officer must revoke compulsion order if criteria are no longer metResponsible Person

amended 1 time (opens in a new tab)

s.142 Revocation of compulsion order: responsible medical officer’s duty to keep under review Regulated

Regularly review and revoke unnecessary mental health compulsion ordersAny Person

amended 1 time (opens in a new tab)

s.143 Commission’s power to revoke compulsion order

amended 1 time (opens in a new tab)

s.144 Revocation of compulsion order: notification Regulated

Medical officers must notify parties of compulsion order revocationsResponsible Person

amended 1 time (opens in a new tab)

s.145 Mandatory reviews: further steps to be taken where compulsion order not revoked Regulated

Medical officer must assess patient needs during mental health order reviewsResponsible Person

amended 1 time (opens in a new tab)

s.146 First review: responsible medical officer’s duty where extension proposed Regulated

Medical officer must notify mental health officer of proposed order extensionResponsible Person

amended 1 time (opens in a new tab)

s.147 Proposed extension on first review: mental health officer’s duties Regulated

Other duties (1) — Crown / regulator

Mental health officer must interview and inform patients of their rightsLocal authority

amended 1 time (opens in a new tab)

s.148 First review: responsible medical officer’s duty to apply for extension of compulsion order Regulated

Medical officer must apply to Tribunal to extend a compulsion orderResponsible Person

amended 1 time (opens in a new tab)

s.149 Application to Tribunal for extension of order following first review

amended 2 times (opens in a new tab)

s.150 Further review: responsible medical officer’s duty where extension proposed Regulated

Medical Officer must notify Mental Health Officer of proposed order extensionResponsible Person

amended 1 time (opens in a new tab)

s.151 Proposed extension of order on further review: mental health officer’s duties Regulated

Other duties (1) — Crown / regulator

Mental health officer must interview and advise patients on order extensionsLocal authority

amended 1 time (opens in a new tab)

s.152 Further review: responsible medical officer’s duty to extend compulsion order Regulated

Responsible medical officer must extend compulsion orders after reviewResponsible Person

amended 1 time (opens in a new tab)

s.153 Determination extending compulsion order: notification Regulated

Responsible medical officers must record and notify extension of compulsion ordersResponsible Person

amended 2 times (opens in a new tab)

s.153 Further information on extension of compulsion order Regulated

Other duties (1) — Crown / regulator

Mental health officer must provide records for compulsion order reviewsLocal authority

amended 2 times

s.154 Responsible medical officer’s duty where extension and variation proposed Regulated

Responsible medical officer must notify MHO of compulsion order changesResponsible Person

amended 1 time (opens in a new tab)

s.155 Mental health officer’s duties: extension and variation of compulsion order Regulated

Other duties (1) — Crown / regulator

Mental health officer must interview and advise patients on order extensionsLocal authority

amended 1 time (opens in a new tab)

s.156 Responsible medical officer’s duty to apply for extension and variation of compulsion order Regulated

Responsible medical officer must apply to Tribunal to extend compulsion ordersResponsible Person

amended 1 time (opens in a new tab)

s.157 Application for extension and variation of compulsion order: notification Regulated

Notify relevant parties of mental health compulsion order applicationsAny Person

amended 2 times (opens in a new tab)

s.158 Application to Tribunal for extension and variation of compulsion order

amended 4 times (opens in a new tab)

s.159 Responsible medical officer’s duties: variation of compulsion order Regulated

Assess and consult on modifying patient compulsion ordersAny Person

amended 1 time (opens in a new tab)

s.160 Application for variation of compulsion order: notification Regulated

Responsible medical officer must notify relevant parties of variation applicationResponsible Person

amended 2 times (opens in a new tab)

s.161 Application to Tribunal by responsible medical officer

amended 5 times (opens in a new tab)

s.162 Commission’s power to make reference to Tribunal

amended 1 time (opens in a new tab)

s.163 Application to Tribunal by patient etc. for revocation of determination extending compulsion order

amended 1 time (opens in a new tab)

s.164 Application to Tribunal by patient etc. for revocation or variation of compulsion order Regulated

Other duties (1) — Crown / regulator

Tribunal must determine applications to change or end compulsion ordersTribunal / Court

amended 3 times (opens in a new tab)

s.164 Application to end disclosure period for compulsion order

amended 3 times

s.165 Tribunal’s duty to review determination under section 152 Regulated

Other duties (1) — Crown / regulator

Tribunal must review compulsion orders in specific disagreement or delay casesTribunal / Court

amended 3 times (opens in a new tab)

s.166 Powers of Tribunal on review under section 165

amended 1 time (opens in a new tab)

s.167 Powers of Tribunal on application under section 149, 158, 161, 163 or 164

amended 2 times (opens in a new tab)

s.167 Duties of Tribunal on application under section 164A Regulated

Other duties (1) — Crown / regulator

Tribunal must decide on disclosure period and allow representationsTribunal / Court

amended 2 times

s.167 Duty to notify outcome of applications under section 164A

amended 2 times

s.168 Interim extension etc. of order: application under section 149 or 158

amended 3 times (opens in a new tab)

s.169 Interim variation of order following application, reference or review under Chapter

amended 1 time (opens in a new tab)

s.170 Limit on power of Tribunal to make interim order

amended 1 time (opens in a new tab)

s.171 Powers of Tribunal on reference under section 162

amended 2 times (opens in a new tab)

s.172 Tribunal’s order varying compulsion order Regulated

Comply with changes made to a Tribunal compulsion orderAny Person

amended 2 times (opens in a new tab)

s.173 Applications to Tribunal: ancillary powers

amended 2 times (opens in a new tab)

s.174 Effect of interim orders: calculation of time periods in Chapter

amended 1 time (opens in a new tab)

s.175 Meaning of “modify”

amended 1 time (opens in a new tab)

s.176 Medical treatment: failure to attend

amended 1 time (opens in a new tab)

s.177 Non-compliance generally with compulsion order

amended 1 time (opens in a new tab)

s.178 Transfers

amended 1 time (opens in a new tab)

s.179 Suspension of measures

amended 2 times (opens in a new tab)

s.180 Interpretation of Part

amended 1 time (opens in a new tab)

Part 10

Compulsion orders and restriction orders

24 of 24 sections shown

s.181 Mental health officer’s duty to identify named person Regulated

Other duties (1) — Crown / regulator

Mental health officer must identify a patient's named personLocal authority

amended 1 time (opens in a new tab)

s.182 Review of compulsion order and restriction order Regulated

Medical officer must review compulsion and restriction orders annuallyResponsible Person

amended 3 times (opens in a new tab)

s.183 Responsible medical officer’s report and recommendation following review of compulsion order and restriction order Regulated

Report and recommend changes to patient compulsion or restriction ordersAny Person

amended 3 times (opens in a new tab)

s.184 Responsible medical officer’s duty to keep compulsion order and restriction order under review Regulated

Review mental health orders for patients and report to Scottish MinistersAny Person

amended 2 times (opens in a new tab)

s.185 Duty of Scottish Ministers on receiving report from responsible medical officer Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must refer compulsion and restriction orders to the TribunalCrown / Minister / Government department

amended 1 time (opens in a new tab)

s.186 Commission’s power to require Scottish Ministers to make reference to Tribunal

amended 1 time (opens in a new tab)

s.187 Notice under section 186(2): reference to Tribunal Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must refer certain mental health orders to the TribunalCrown / Minister / Government department

amended 1 time (opens in a new tab)

s.188 Duty of Scottish Ministers to keep compulsion order and restriction order under review Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must review compulsion and restriction ordersCrown / Minister / Government department

amended 2 times (opens in a new tab)

s.189 Reference to Tribunal by Scottish Ministers Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must refer certain mental health cases to the TribunalCrown / Minister / Government department

amended 6 times (opens in a new tab)

s.190 Application by Scottish Ministers: notification Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must notify relevant parties of Tribunal applicationsCrown / Minister / Government department

amended 1 time (opens in a new tab)

s.191 Application to Tribunal

amended 2 times (opens in a new tab)

s.192 Application to Tribunal by patient and named person

amended 2 times (opens in a new tab)

s.193 Powers of Tribunal on reference under section 185(1), 187(2) or 189(2) or application under section 191 or 192(2) Regulated

Other duties (1) — Crown / regulator

Tribunal must review and decide on mental health restriction and compulsion ordersTribunal / Court

amended 3 times (opens in a new tab)

s.194 Tribunal’s powers etc. when varying compulsion order Regulated

Other duties (1) — Crown / regulator

Tribunal must specify modifications when varying a compulsion orderTribunal / Court

amended 1 time (opens in a new tab)

s.195 Deferral of conditional discharge

amended 1 time (opens in a new tab)

s.196 General effect of orders under section 193

amended 1 time (opens in a new tab)

s.197 Effect of revocation of compulsion order

amended 1 time (opens in a new tab)

s.198 Effect of revocation of restriction order

amended 2 times (opens in a new tab)

s.199 Meaning of “modify”

amended 1 time (opens in a new tab)

s.200 Variation of conditions imposed on conditional discharge

amended 2 times (opens in a new tab)

s.201 Appeal to Tribunal against variation of conditions imposed on conditional discharge

amended 1 time (opens in a new tab)

s.202 Recall of patients from conditional discharge

amended 1 time (opens in a new tab)

s.203 Effect of recall from conditional discharge

amended 1 time (opens in a new tab)

s.204 Appeal to Tribunal against recall from conditional discharge

amended 1 time (opens in a new tab)

Part 11

Hospital directions and transfer for treatment directions

13 of 13 sections shown

s.205 Mental health officer’s duty to identify named person Regulated

Other duties (1) — Crown / regulator

Mental health officer must identify a patient’s 'named person'Local authority

amended 1 time (opens in a new tab)

s.206 Review of hospital direction and transfer for treatment direction Regulated

Review hospital and treatment directions for patientsAny Person

amended 2 times (opens in a new tab)

s.207 Responsible medical officer’s report following review of direction Regulated

Responsible medical officer must report to Scottish Ministers after reviewResponsible Person

amended 3 times (opens in a new tab)

s.208 Responsible medical officer’s duty to keep directions under review Regulated

Regularly review medical directions for patients in your careAny Person

amended 2 times (opens in a new tab)

s.209 Commission’s power to require Scottish Ministers to make reference to Tribunal

amended 1 time (opens in a new tab)

s.210 Duty of Scottish Ministers on receiving report from responsible medical officer Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must review patient detention or refer to TribunalCrown / Minister / Government department

amended 2 times (opens in a new tab)

s.211 Notice under section 209(2): reference to Tribunal Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must refer medical directions to the TribunalCrown / Minister / Government department

amended 1 time (opens in a new tab)

s.212 Duty of Scottish Ministers to keep directions under review Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must review and revoke mental health detention directionsCrown / Minister / Government department

amended 2 times (opens in a new tab)

s.213 Reference to Tribunal by Scottish Ministers Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must refer certain mental health cases to the TribunalCrown / Minister / Government department

amended 7 times (opens in a new tab)

s.214 Application to Tribunal by patient and named person

amended 1 time (opens in a new tab)

s.215 Powers of Tribunal on reference under section 210(3), 211(2) or 213(2) or on application under section 214(2) Regulated

Other duties (1) — Crown / regulator

Tribunal must hold a hearing and allow evidence before deciding on detentionTribunal / Court

amended 2 times (opens in a new tab)

s.216 Effect of revocation of direction

amended 1 time (opens in a new tab)

s.217 Termination of hospital direction on release of patient

amended 1 time (opens in a new tab)

Part 12

Parts 10 and 11: transfers

4 of 4 sections shown

s.218 Transfer of patients between hospitals

amended 1 time (opens in a new tab)

s.218 Transfer of patient from specified hospital unit

amended 1 time

s.219 Appeal to Tribunal against transfer under section 218 to hospital other than state hospital

amended 1 time (opens in a new tab)

s.220 Appeal to Tribunal against transfer under section 218 to state hospital

amended 1 time (opens in a new tab)

Part 13

Parts 8, 10 and 11: suspension

6 of 6 sections shown

s.221 Assessment order: suspension of measure authorising detention

amended 5 times (opens in a new tab)

s.222 Certificate under section 221: revocation by responsible medical officer

amended 1 time (opens in a new tab)

s.223 Certificate under section 221: revocation by Scottish Ministers

amended 1 time (opens in a new tab)

s.224 Patients subject to certain other orders and directions: suspension of measure authorising detention Regulated

Record and notify the suspension of a patient's detentionOccupier

amended 13 times (opens in a new tab)

s.225 Certificate under section 224: revocation by responsible medical officer

amended 1 time (opens in a new tab)

s.226 Certificate under section 224: revocation by Scottish Ministers

amended 1 time (opens in a new tab)

Part 14

Assessment of needs

2 of 2 sections shown

s.227 Assessment of needs for community care services etc.

amended 1 time (opens in a new tab)

s.228 Request for assessment of needs: duty on local authorities and Health Boards Regulated

Other duties (1) — Crown / regulator

Local authorities and Health Boards must respond to assessment requestsLocal authority

amended 1 time (opens in a new tab)

Part 15

Preliminary duties on making of orders etc.

4 of 4 sections shown

s.229 Designation of mental health officer responsible for patient’s case Regulated

Other duties (1) — Crown / regulator

Local authorities must designate a mental health officer (MHO) for each patientLocal authority

amended 4 times (opens in a new tab)

s.230 Appointment of patient’s responsible medical officer Regulated

Appoint a responsible medical officer for detained patientsAny Person

amended 4 times (opens in a new tab)

s.231 Social circumstances report: mental health officer’s duties Regulated

Other duties (1) — Crown / regulator

Mental health officers must prepare social circumstances reportsLocal authority

amended 2 times (opens in a new tab)

s.232 Meaning of “relevant event”

amended 1 time (opens in a new tab)

Part 16

Medical treatment

17 of 17 sections shown

s.233 Designated medical practitioners Regulated

Produce medical records for inspection by designated medical practitionersAny Person

amended 2 times (opens in a new tab)

s.234 Certain surgical operations etc.

amended 2 times (opens in a new tab)

s.235 Treatment mentioned in section 234(2): patients capable of consenting

amended 1 time (opens in a new tab)

s.236 Treatment mentioned in section 234(2): patients incapable of consenting

amended 1 time (opens in a new tab)

s.237 Electro-convulsive therapy etc.

amended 2 times (opens in a new tab)

s.238 Treatment mentioned in sections 237(3) and 240(3): patients capable of consenting and not refusing consent

amended 1 time (opens in a new tab)

s.239 Treatment mentioned in section 237(3): patients incapable of consenting

amended 1 time (opens in a new tab)

s.240 Treatments given over period of time etc.

amended 4 times (opens in a new tab)

s.241 Treatment mentioned in section 240(3): patients refusing consent or incapable of consenting

amended 2 times (opens in a new tab)

s.242 Treatment not mentioned in section 234(2), 237(3) or 240(3)

amended 1 time (opens in a new tab)

s.243 Urgent medical treatment

amended 1 time (opens in a new tab)

s.244 Scottish Ministers' power to make provision in relation to treatment for certain informal patients

amended 2 times (opens in a new tab)

s.245 Certificates under sections 235, 236, 239 and 241 Regulated

Consult patients and notify the Commission when issuing medical certificatesAny Person

amended 5 times (opens in a new tab)

s.246 Certificates under section 238 Regulated

Send copies of section 238 certificates to the Care InspectorateAny Person

amended 4 times (opens in a new tab)

s.247 Scope of consent or certificate under sections 235, 236, 238, 239 and 241

amended 1 time (opens in a new tab)

s.248 Sections 235, 236, 238, 239 and 241: review of treatment etc. Regulated

Report on medical treatments and patient conditionsAny Person

amended 3 times (opens in a new tab)

s.249 Interpretation of Part

amended 1 time (opens in a new tab)

Part 17

Patient representation etc.

28 of 28 sections shown

s.250 Nomination of named person

amended 13 times (opens in a new tab)

s.251 Named person where no person nominated or nominated person declines to act

amended 2 times (opens in a new tab)

s.252 Named person in relation to child

amended 6 times (opens in a new tab)

s.253 Declaration in relation to named person

amended 3 times (opens in a new tab)

s.254 Meaning of “nearest relative”

amended 8 times (opens in a new tab)

s.255 Named person: mental health officer’s duties etc. Regulated

Other duties (1) — Crown / regulator

Mental Health Officers must identify and assess a patient's named personLocal authority

amended 2 times (opens in a new tab)

s.256 Named person: application by patient etc.

amended 4 times (opens in a new tab)

s.257 Named person: Tribunal’s powers

amended 7 times (opens in a new tab)

s.257 Ability to act if no named person

amended 7 times

s.258 Interpretation of Chapter

amended 1 time (opens in a new tab)

s.259 Advocacy Regulated

Other duties (1) — Crown / regulator

Local authorities and Health Boards must provide independent advocacy servicesLocal authority

amended 1 time (opens in a new tab)

s.259 Information gathering Regulated

Other duties (1) — Crown / regulator

Local authorities and health boards must report on advocacy service functionsLocal authority

amended 1 time

s.260 Provision of information to patient Regulated

Provide legal and rights information to detained or treated patientsOccupier

amended 5 times (opens in a new tab)

s.261 Provision of assistance to patient with communication difficulties Regulated

Provide communication support for patients with specific needsAny Person

amended 3 times (opens in a new tab)

s.261 Help with communication at medical examination etc. Regulated

Provide communication support for mental health examinations and interviewsResponsible Person

amended 3 times

s.262 Access to medical practitioner for purposes of medical examination

amended 1 time (opens in a new tab)

s.263 Inspection of records by medical practitioner

amended 1 time (opens in a new tab)

s.264 Detention in conditions of excessive security: state hospitals

amended 3 times (opens in a new tab)

s.265 Order under section 264: further provision

amended 1 time (opens in a new tab)

s.266 Order under section 265: further provision

amended 2 times (opens in a new tab)

s.267 Order under section 264 or 265: recall

amended 4 times (opens in a new tab)

s.268 Detention in conditions of excessive security: hospitals other than state hospitals

amended 9 times (opens in a new tab)

s.269 Order under section 268: further provision

amended 5 times (opens in a new tab)

s.270 Order under section 269: further provision

amended 2 times (opens in a new tab)

s.271 Order under section 268 or 269: recall

amended 6 times (opens in a new tab)

s.271 Regulation-making powers

amended 6 times

s.272 Proceedings for specific performance of statutory duty Regulated

Comply with specific performance court ordersAny Person

amended 5 times (opens in a new tab)

s.273 Interpretation of Chapter

amended 6 times (opens in a new tab)

Part 18

Miscellaneous

22 of 22 sections shown

s.274 Code of practice Regulated

Follow the official code of practice for water and mental health functionsAny Person

amended 5 times (opens in a new tab)

s.275 Advance statements: making and withdrawal

amended 2 times (opens in a new tab)

s.276 Advance statements: effect Regulated

Respect and record decisions regarding patient advance statementsAny Person

amended 1 time (opens in a new tab)

s.276 Advance statements to be put with medical records Regulated

Health Board must record advance statements and notify the CommissionAny Person

amended 1 time

s.276 Advance statements to be registered by the Commission Regulated

Other duties (1) — Crown / regulator

Mental Welfare Commission must register and allow inspection of advance statementsStatutory regulator

amended 1 time

s.276 Publicising support for making advance statements Regulated

Other duties (1) — Crown / regulator

Health Boards must publicise support for mental health advance statementsStatutory regulator

amended 1 time

s.277 Education of persons who have mental disorder

amended 1 time (opens in a new tab)

s.278 Duty to mitigate adverse effect of compulsory measures on parental relations Regulated

Support child-parent relations during compulsory mental health measuresAny Person

amended 1 time (opens in a new tab)

s.279 Information for research

amended 7 times (opens in a new tab)

s.280 Restriction of Scottish Ministers' power to delegate management of state hospitals

amended 1 time (opens in a new tab)

s.281 Correspondence of certain persons detained in hospital

amended 3 times (opens in a new tab)

s.282 Correspondence: supplementary Regulated

Record and report any withheld patient mailAny Person

amended 2 times (opens in a new tab)

s.283 Review of decision to withhold postal packet Regulated

Release withheld mail if directed by the Mental Welfare CommissionOccupier

amended 2 times (opens in a new tab)

s.284 Certain persons detained in hospital: use of telephones

amended 2 times (opens in a new tab)

s.285 Directions as to implementation of regulations under section 284(1) Regulated

Comply with hospital management directions and information requestsAny Person

amended 2 times (opens in a new tab)

s.286 Safety and security in hospitals Regulated

Implement hospital safety, security, and reporting proceduresAny Person

amended 2 times (opens in a new tab)

s.287 Scottish Ministers' power to require responsible medical officer to provide certain information

amended 1 time (opens in a new tab)

s.288 Payments to persons in hospital to meet personal expenses

amended 1 time (opens in a new tab)

s.289 Cross-border transfer: patients subject to requirement other than detention Regulated

Manage the transfer of mental health patients between jurisdictionsAny Person

amended 10 times (opens in a new tab)

s.290 Cross-border transfer: patients subject to detention requirement or otherwise in hospital Regulated

Notify and coordinate the cross-border transfer of patientsAny Person

amended 7 times (opens in a new tab)

s.291 Application to Tribunal in relation to unlawful detention

amended 1 time (opens in a new tab)

s.291 Conflicts of interest to be avoided

amended 1 time

Part 19

Entry, removal and detention powers

10 of 10 sections shown

s.292 Warrant to enter premises for purposes of taking patient

amended 4 times (opens in a new tab)

s.293 Removal order

amended 4 times (opens in a new tab)

s.294 Removal order: urgent application to justice of the peace

amended 1 time (opens in a new tab)

s.295 Recall or variation of removal order

amended 2 times (opens in a new tab)

s.295 Notification of decision under section 293 or 295 Regulated

Other duties (1) — Crown / regulator

Mental health officer must notify the Commission of removal order decisionsLocal authority

amended 2 times

s.296 No appeal against decision under section 293 or 295

amended 1 time (opens in a new tab)

s.297 Removal from public place

amended 1 time (opens in a new tab)

s.298 Removal under section 297: further provision

amended 5 times (opens in a new tab)

s.299 Nurse’s power to detain pending medical examination

amended 10 times (opens in a new tab)

s.300 Meaning of “place of safety”

amended 2 times (opens in a new tab)

Part 20

Absconding

11 of 11 sections shown

s.301 Absconding etc. by patients subject to compulsory treatment order

amended 3 times (opens in a new tab)

s.302 Absconding etc. by other patients

amended 3 times (opens in a new tab)

s.303 Taking into custody and return of absconding patients

amended 5 times (opens in a new tab)

s.304 Effect of unauthorised absence

amended 1 time (opens in a new tab)

s.305 Effect of long unauthorised absence ending more than 14 days before expiry of compulsory treatment order

amended 1 time (opens in a new tab)

s.306 Effect of unauthorised absence ending simultaneously with or within 14 days before expiry of compulsory treatment order

amended 1 time (opens in a new tab)

s.307 Effect of unauthorised absence ending after expiry of compulsory treatment order

amended 1 time (opens in a new tab)

s.308 Effect of unauthorised absence of patient subject to short-term detention certificate or certificate under section 114(2) or 115(2)

amended 1 time (opens in a new tab)

s.309 Patients from other jurisdictions

amended 7 times (opens in a new tab)

s.309 Cross-border visits: leave of absence

amended 7 times

s.310 Regulations as to absconding by other patients

amended 5 times (opens in a new tab)

Part 21

Offences

9 of 9 sections shown

s.311 Non-consensual sexual acts

amended 1 time (opens in a new tab)

s.312 Offences under section 311: extended sentences

amended 1 time (opens in a new tab)

s.313 Persons providing care services: sexual offences

amended 3 times (opens in a new tab)

s.314 Notification requirements for offenders under sections 311 and 313

amended 2 times (opens in a new tab)

s.315 Ill-treatment and wilful neglect of mentally disordered person Imprisonment

Ill-treat or wilfully neglect a patient receiving care or treatmentEmployee

5 years imprisonment · amended 4 times (opens in a new tab)

s.316 Inducing and assisting absconding etc. Imprisonment

Assisting or harbouring an absconded patientAny Person

2 years imprisonment · amended 3 times (opens in a new tab)

s.317 Obstruction Imprisonment

Obstructing an authorised inspector or officerAny Person

3 months imprisonment · amended 1 time (opens in a new tab)

s.318 False statements Imprisonment

Provide false information or documents to the water regulatorAny Person

2 years imprisonment · amended 2 times (opens in a new tab)

s.319 Time limit for summary proceedings for offences under sections 311 and 313

amended 2 times (opens in a new tab)

Part 22

Appeals

5 of 5 sections shown

s.320 Appeal to sheriff principal against certain decisions of the Tribunal

amended 4 times (opens in a new tab)

s.321 Appeal to Court of Session against decisions of sheriff principal

amended 3 times (opens in a new tab)

s.322 Appeal to Court of Session against certain decisions of the Tribunal

amended 2 times (opens in a new tab)

s.323 Suspension of decision of Tribunal pending determination of certain appeals

amended 2 times (opens in a new tab)

s.324 Appeals: general provisions

amended 2 times (opens in a new tab)

Part 23

General

5 of 9 sections shown

s.326 Orders, regulations and rules

amended 8 times (opens in a new tab)

s.327 Directions

amended 2 times (opens in a new tab)

s.328 Meaning of “ mental disorder ”

amended 1 time (opens in a new tab)

s.329 Interpretation

amended 12 times (opens in a new tab)

s.331 Minor and consequential amendments, repeals and revocations

amended 2 times (opens in a new tab)

4 other sections in this Part — procedural and definitional

s.325 Power to prescribe forms

s.330 Supplementary provisions etc.

s.332 Transitional provisions etc.

s.333 Short title and commencement

Schedules

1 of 85 shown

s.sch002 The Mental Health Tribunal for Scotland Regulated

Health boards, the State Hospitals Board and local authorities must provide accommodation for Tribunal hearings when requested, so far as reasonably practicableAny Person

84 other schedules

s.004 Minor and consequential amendments

s.sch001 The Mental Welfare Commission for Scotland

s.sch001 The Commission shall not be regarded as the servant or...

s.sch001 (1) The Mental Health (Scotland) Act 1984 (c. 36) shall...

s.sch001 (1) The person who, immediately before the coming into force...

s.sch001 Any person who, immediately before the coming into force of...

s.sch001 The Commission may do anything which appears to it to...

s.sch001 (1) The Commission is to consist of the following members—...

s.sch001 (1) In appointing members, the Scottish Ministers are to have...

s.sch001 (1) Each member of the Commission is to be appointed...

s.sch001 The Scottish Ministers may, by written notice, remove a member...

s.sch001 A person is disqualified from appointment, and from holding office,...

s.sch001 Membership, proceedings

s.sch001 The Commission shall pay— (a) to its members (and to...

s.sch001 (1) Subject to sub-paragraphs (2) and (3) below and paragraph...

s.sch001 (1) The Commission must appoint such staff, employed under paragraph...

s.sch001 (1) The arrangements entered into by virtue of paragraph 7A(2)...

s.sch001 (1) In appointing Commission Visitors, the Commission must appoint one...

s.sch001 (1) The Commission may establish committees for any purpose relating...

s.sch001 (1) The Commission may determine its own procedure and that...

s.sch001 (1) A member of the Commission may not—

s.sch001 (1) The Commission may, subject to sub-paragraphs (2), (3) and...

s.sch001 (1) The Commission must delegate to the chief executive the...

s.sch001 The Commission's determination of the location of its office premises...

s.sch001 Membership, proceedings

s.sch001 The following provisions of the National Health Service (Scotland) Act...

s.sch001a National Confidential Forum

s.sch001a (1) NCF is to consist of— (a) the NCF Head,...

s.sch001a NCF may require the Commission to pay such expenses as...

s.sch001a (1) NCF may prepare— (a) reports based on testimony received,...

s.sch001a (1) As soon as practicable after 31 March in each...

s.sch001a (1) This paragraph applies to— (a) the Commission,

s.sch001a In this schedule— “ child ” means a person who...

s.sch001a (1) The selection panel is to consist of—

s.sch001a (1) This paragraph applies where— (a) the Commission proposes, in...

s.sch001a (1) NCF may do anything which appears to it to...

s.sch001a (1) The provisions of schedule 1 mentioned in sub-paragraph (2)...

s.sch001a (1) NCF must delegate the NCF functions to the persons...

s.sch001a (1) NCF may receive testimony from any eligible person whose...

s.sch001a (1) NCF must make provision for receiving testimony under paragraph...

s.sch001a (1) NCF may record testimony and any other information received...

s.sch002 (1) The Scottish Ministers shall appoint as members of the...

s.sch002 (1) The Scottish Ministers may make rules as to the...

s.sch002 Subject to rules made under paragraph 10 above the President...

s.sch002 (1) The Tribunal may by citation require any person to...

s.sch002 (1) Subject to sub-paragraph (2) below, where a decision is...

s.sch002 For the purposes of sections 101(3)(c), 189(2)(a)(ii) and (b)(ii) and...

s.sch002 (1) The President shall, in respect of each period of...

s.sch002 The President shall, at such times and in respect of...

s.sch002 (1) The Tribunal may pay to any person (other than...

s.sch002 There shall be a panel consisting of each person who...

s.sch002 (1) The Scottish Ministers shall appoint a person to be...

s.sch002 (1) Subject to this paragraph and paragraph 5 below, each...

s.sch002 (1) A member of the Tribunal may be removed from...

s.sch002 (1) The Scottish Courts and Tribunals Service must pay, or...

s.sch002 (1) The functions of the Tribunal shall be discharged by...

s.sch002 (1) The Scottish Ministers may appoint such staff and provide...

s.sch002 Such expenses of the Tribunal as the Scottish Ministers may...

s.sch003 Application of Chapter 1 of Part 7 to certain patients

s.sch003 Section 57(3) of this Act shall have effect as if,...

s.sch003 In the case of a patient subject to a hospital...

s.sch003 (1) Section 64(4)(a)(i) of this Act shall have effect subject...

s.sch003 Section 65 of this Act shall not have effect.

s.sch004 (1) The Social Work (Scotland) Act 1968 shall be amended...

s.sch004 In section 77(1) of the Regulation of Care (Scotland) Act...

s.sch004 In paragraph 4(6) of schedule 7 to the Housing (Scotland)...

s.sch004 (1) The Community Care and Health (Scotland) Act 2002 shall...

s.sch004 In schedule 3 to the Scottish Public Services Ombudsman Act...

s.sch004 In section 64(5) of the Local Government (Scotland) Act 1973...

s.sch004 In section 102(1) of the National Health Service (Scotland) Act...

s.sch004 (1) The Disabled Persons (Services, Consultation and Representation) Act 1986...

s.sch004 In Part II of Schedule 1 to the Tribunals and...

s.sch004 In section 4(1) of the Prisoners and Criminal Proceedings (Scotland)...

s.sch004 In section 23(2) of the Children (Scotland) Act 1995 (children...

s.sch004 (1) The Criminal Procedure (Scotland) Act 1995 shall be amended...

s.sch004 (1) The Adults with Incapacity (Scotland) Act 2000 shall be...

s.sch005 Repeals and revocations

s.sch006 Transitory amendments of the Mental Health (Scotland) Act 1984

s.sch006 Sections 33, 64 and 66 of the Mental Health (Scotland)...

s.sch006 In section 33 (discharge of patients from hospital), in subsection...

s.sch006 In section 64 (appeal by patient subject to restriction order)—...

s.sch006 In section 66 (further consideration of case of conditionally discharged...

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

MH(CT)(S)A 2003

Does it bind you?

Other Acts binding the same actors

What it requires

Introductory

The Mental Welfare Commission for Scotland

The Mental Health Tribunal for Scotland

Health Board and local authority functions

Emergency detention

Short-term detention

Compulsory treatment orders

Mentally disordered persons: criminal proceedings

Compulsion orders

Compulsion orders and restriction orders

Hospital directions and transfer for treatment directions

Parts 10 and 11: transfers

Parts 8, 10 and 11: suspension

Assessment of needs

Preliminary duties on making of orders etc.

Medical treatment

Patient representation etc.

Miscellaneous

Entry, removal and detention powers

Absconding

Offences

Appeals

General

Schedules