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