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

2003 asp 13

 

© Crown Copyright 2003

Acts of the Scottish Parliament printed from this website are printed under the superintendence and authority of the Queen’s Printer for Scotland.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Acts does not extend to the Queen's Printer for Scotland imprints which should be removed from any copies of Act which are issued or made available to the public. This includes reproduction of the Act on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Act is published by the Queen's Printer for Scotland and has been prepared to reflect the text as it received Royal Assent. A print version is also available and is published by The Stationery Office Limited as the Mental Health (Care and Treatment) (Scotland) Act 2003, ISBN 0 10 590055 9. The print version may be purchased by clicking here. Braille copies of this Act can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.service@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

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

2003 asp 13

 
 
 
CONTENTS

PART 1
INTRODUCTORY
Section 
1Principles for discharging certain functions
2Welfare of the child
3Equal opportunities

PART 2
THE MENTAL WELFARE COMMISSION FOR SCOTLAND
Continued existence of Commission
4The Mental Welfare Commission for Scotland

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.
9Duty to give advice
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 3
THE MENTAL HEALTH TRIBUNAL FOR SCOTLAND
21The Mental Health Tribunal for Scotland

PART 4
HEALTH BOARD AND LOCAL AUTHORITY FUNCTIONS
CHAPTER 1
HEALTH BOARD DUTIES
Approved medical practitioners
22Approved medical practitioners

Services and accommodation: particular cases
23Provision of services and accommodation for certain patients under 18
24Provision of services and accommodation for certain mothers with post-natal depression

CHAPTER 2
LOCAL 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 5
EMERGENCY 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 compulsory treatment order
43Effect of subsequent emergency detention certificate on compulsory treatment order

PART 6
SHORT-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 on compulsory treatment order
56Effect of subsequent short-term detention certificate on compulsory treatment order

PART 7
COMPULSORY TREATMENT ORDERS
CHAPTER 1
APPLICATION 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

CHAPTER 2
INTERIM 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 3
COMPULSORY TREATMENT ORDERS: CARE PLAN
76Care plan: preparation, placing in medical records etc.

CHAPTER 4
REVIEW 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.

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 5
BREACH 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 6
TRANSFERS
124Transfer to other hospital
125Transfer to hospital other than state hospital: appeal to Tribunal
126Transfer to state hospital: appeal to Tribunal

CHAPTER 7
SUSPENSION
127Suspension of measure authorising detention
128Suspension of other measures
129Certificates under sections 127 and 128: revocation

PART 8
MENTALLY DISORDERED PERSONS: CRIMINAL PROCEEDINGS
CHAPTER 1
PRE-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 2
DISPOSALS 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 3
MENTALLY DISORDERED PRISONERS
136Transfer of prisoners for treatment for mental disorder

PART 9
COMPULSION ORDERS
CHAPTER 1
DUTIES FOLLOWING MAKING OF ORDER
137Part 9 care plan
138Mental health officer's duty to identify named person

CHAPTER 2
REVIEW 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

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

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
168Interim extension etc. of order: application under section 149
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 3
APPLICATION 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 4
INTERPRETATION OF PART
180Interpretation of Part

PART 10
COMPULSION ORDERS AND RESTRICTION ORDERS
CHAPTER 1
PRELIMINARY
181Mental health officer's duty to identify named person

CHAPTER 2
REVIEW 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 3
CONDITIONAL 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 11
HOSPITAL 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 12
PARTS 10 AND 11: TRANSFERS
218Transfer of patients between hospitals
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 13
PARTS 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 14
ASSESSMENT OF NEEDS
227Assessment of needs for community care services etc.
228Request for assessment of needs: duty on local authorities and Health Boards

PART 15
PRELIMINARY 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 16
MEDICAL 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 17
PATIENT REPRESENTATION ETC.
CHAPTER 1
NAMED 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

Interpretation of Chapter
258Interpretation of Chapter

CHAPTER 2
ADVOCACY ETC.
Advocacy
259Advocacy

Information
260Provision of information to patient
261Provision of assistance to patient with communication difficulties

Access to medical practitioner
262Access to medical practitioner for purposes of medical examination
263Inspection of records by medical practitioner

CHAPTER 3
DETENTION 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
267Orders under sections 264 to 266: 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
271Orders under sections 268 to 270: recall

Enforcement: civil proceedings
272Proceedings for specific performance of statutory duty

Interpretation of Chapter
273Interpretation of Chapter

PART 18
MISCELLANEOUS
Code of practice
274Code of practice

Advance statements
275Advance statements: making and withdrawal
276Advance statements: effect

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

PART 19
ENTRY, 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
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 20
ABSCONDING
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

Absconding by certain other patients
310Regulations as to absconding by other patients

PART 21
OFFENCES
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 22
APPEALS
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 23
GENERAL
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 1-The Mental Welfare Commission for Scotland
    Part 1-Membership, proceedings etc.
    Part 2-Transitional provision
    Schedule 2-The Mental Health Tribunal for Scotland
    Part 1-Members of the Tribunal etc.
    Part 2-Organisation and administration of the Tribunal
    Part 3-Tribunal procedure
    Part 4-Reports, information etc.
    Schedule 3-Application of Chapter 1 of Part 7 to certain patients
    Schedule 4-Minor and consequential amendments
    Schedule 5-Repeals and revocations
    Part 1-Repeals
    Part 2-Revocations
    Schedule 6-Transitory amendments of the Mental Health (Scotland) Act 1984
 

  continue
 
 
 
 

Explanatory Note
 
 
 
  Other Acts of the Scottish Parliament |  Home |  Acts of the UK Parliament | 
Her Majesty's Stationery Office
We welcome your comments on this site
 © Crown copyright 2003
Prepared 9 May 2003