Office of Public Sector Information
(1)Any person who makes any statement or entry which is false in a material particular in any application, recommendation, report, record or other document required or authorised to be made for any of the purposes of this Act or, with intent to deceive, makes use of any such entry or statement which he knows to be false, shall be guilty of an offence.
(2)Any person guilty of an offence under this section shall be liable—
(a)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or both; or
(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.
(1)It shall be an offence for any person being an officer on the staff of or otherwise employed in a hospital or [F1employed in the provision of a care home service], or being a manager of a hospital or a person [F2providing or managing a care home service]—
(a)to ill-treat or wilfully neglect a patient for the time being receiving treatment for mental disorder as an in-patient in that hospital or [F3in accommodation provided by that care home service]; or
(b)to ill-treat or wilfully neglect, on the premises of which the hospital or [F4accommodation] forms part, a patient for the time being receiving such treatment there as an out-patient.
(2)It shall be an offence for any individual to ill-treat or wilfully neglect a patient who is for the time being F5. . . in his custody or care.
[F6(2A)It shall be an offence for any individual to ill-treat or wilfully neglect a patient in respect of whom a community care order is for the time being in force.]
(3)Any person guilty of an offence against this section shall be liable—
(a)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.
F1Words in s. 105(1) substituted (1.4.2002) by 2001 asp 8, ss. 79, 81(2), Sch. 3 para. 11(5)(a); S.S.I. 2002/162,art. 2(f)(h) (subject to arts. 3-13)
F2Words in s. 105(1) substituted (1.4.2002) by 2001 asp 8, ss. 79, 81(2), Sch. 3 para. 11(5)(b); S.S.I. 2002/162, art. 2(f)(h) (subject to arts. 3-13)
F3Words in s. 105(1) substituted (1.4.2002) by 2001 asp 8, ss. 79, 81(2), Sch. 3 para. 11(5)(c); S.S.I. 2002/162, art. 2(f)(h) (subject to arts. 3-13)
F4Words in s. 105(1)(b) substituted (1.4.2002) by 2001 asp 8, ss. 79, 81(2), Sch. 3 para. 11(5)b); S.S.I. 2002/162, art. 2(f)(h) (subject to arts. 3-13)
F5Words in s. 105(2) repealed (1.4.2002) by 2000 asp 4, s. 88(3), Sch. 6; S.S.I. 2001/81, art. 3, Sch. 2
F6S. 105(2A) inserted (1.4.1996) by 1995 c. 52, ss. 4(2), 7(2), Sch. 2, para. 6
(1)It shall be an offence, subject to the exception mentioned in this section,—
(a)for a man to have unlawful sexual intercourse with a woman who is protected by the provisions of this section;
(b)for any person to procure or encourage any woman who is protected by the provisions of this section to have unlawful sexual intercourse;
(c)for the owner or occupier of any premises or any person having or assisting in the management or control of premises to induce any woman who is protected by the provisions of this section to resort to or be upon such premises for the purpose of unlawful sexual intercourse with any man.
(2)A person shall not be guilty of an offence against this section if he did not know and had no reason to suspect that the woman in respect of whom he is charged was protected by the provisions of this section.
(3)Any person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine.
(4)[F1Section 16 of the M1Criminal Law (Consolidation)(Scotland) Act 1995] (which relates to warrants to search where there is reasonable cause to suspect that a woman or girl is being unlawfully detained for immoral purposes) shall apply in the case of a woman who is protected by the provisions of this section in the same manner as that section applies in the case of a girl who is under the age of 16 years.
(5)If on the trial of an indictment for rape the jury are satisfied that the accused is guilty of an offence against paragraph (a) of subsection (1) of this section, but are not satisfied that he is guilty of rape, the jury may acquit him of rape and find him guilty of such offence as aforesaid, and in that event he shall be liable to be punished as if he had been convicted on an indictment for such offence as aforesaid.
(6)A woman is protected by the provisions of this section if she is suffering from a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning.
(7)In this section “woman” includes girl.
F1Words in s. 106(4) substituted (1.8.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 9(12); S.I. 1997/1712, art. 3, Sch.
M11995 c.39.
(1)Without prejudice to the last foregoing section, it shall be an offence, subject to the exception mentioned in this section,—
(a)for a man who is an officer on the staff or is otherwise employed in a hospital or [F1employed in the provision of a care home service], or who is a manager of a hospital or [F2a person providing or managing a care home service] to have unlawful sexual intercourse with a woman who is for the time being receiving treatment for mental disorder as an in-patient in that hospital or [F3in accommodation provided by that care home service], or to have such intercourse on the premises of which the hospital or [F4accommodation] forms part with a woman who is for the time being receiving such treatment there as an out-patient;
(b)for a man to have unlawful sexual intercourse with a woman suffering from mental disorder who is F5. . . in his custody or care under this Act or in the care of a local authority under the M1Social Work (Scotland) Act 1968 or resident in a house provided by a local authority under that Act.
(2)It shall not be an offence under this section for a man to have sexual intercourse with a woman if he does not know and has no reason to suspect her to be a person suffering from mental disorder.
(3)In this section any reference to having unlawful sexual intercourse with a woman shall include a reference to committing a homosexual act as defined in [F6section 13(4) of the Criminal Law (Consolidation) (Scotland) Act 1995].
(4)Any person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine.
F1Words in s. 107(1)(a) substituted (1.4.2002) by 2001 asp 8, ss. 79, 81(2), Sch. 3 para. 11(6)(a); S.S.I. 2002/162, art. 2(f)(h) (subject to arts. 3-13)
F2Words in s. 107(1)(a) substituted (1.4.2002) by 2001 asp 8, ss. 79, 81(2), Sch. 3 para. 11(6)(b); S.S.I. 2002/162, art. 2(f)(h) (subject to arts. 3-13)
F3Words in s. 107(1)(a) substituted (1.4.2002) by 2001 asp 8, ss. 79, 81(2), Sch. 3 para. 11(6)(c); S.S.I. 2002/162, art. 2(f)(h) (subject to arts. 3-13)
F4Words in s. 107(1)(a) substituted (1.4.2002) by 2001 asp 8, ss. 79, 81(2), Sch. 3 para. 11(6)(d); S.S.I. 2002/162, art. 2(f)(h) (subject to arts. 3-13)
F5Words in s. 107(1)(b) repealed (1.4.2002) by 2000 asp 4, s. 88(3), Sch. 6; S.S.I. 2001/81, art. 3, Sch. 2
F6Words in s. 107(3) substituted (1.8.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 9(13); S.I. 1997/1712, art. 3, Sch.
M11968 c. 49.
(1)Any person who induces or knowingly assists any other person—
(a)being liable to be detained in a hospital [F1 or being subject to guardianship]under this Act, to absent himself without leave; or
(b)being in legal custody by virtue of section 120 of this Act, to escape from such custody,
shall be guilty of an offence.
(2)Any person who knowingly harbours a patient who is absent without leave or is otherwise at large and liable to be retaken under this Act, or gives him any assistance with intent to prevent, hinder or interfere with his being taken into custody or returned to the hospital or other place where he ought to be, shall be guilty of an offence.
(3)Any person guilty of an offence against this section shall be liable—
(a)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.
F1Words in s. 108(1)(a) repealed (S.) (1.4.2002) by 2000 asp 4, s. 88(3), Sch. 6; S.S.I. 2001/81, art. 3, Sch. 2
(1)Any person who refuses to allow the inspection of any premises, or without reasonable cause refuses to allow the visiting, interviewing or examination of any person, by a person authorised in that behalf by or under this Act [F1or to give access to any person to a person so authorised], or to produce for the inspection of any person so authorised any document or record the production of which is duly required by him, or otherwise obstructs any such person in the exercise of his functions, shall be guilty of an offence.
(2)Without prejudice to the generality of the last foregoing subsection, any person who insists on being present when requested to withdraw by a person authorised as aforesaid to interview or examine a person in private, shall be guilty of an offence.
(3)Any person guilty of an offence against this section shall be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 3 on the standard scale, or both.
F1Words in s. 109(1) inserted (1.4.1996) by 1995 c. 52, ss. 4(2), 7(2), Sch. 2, para. 7
(1)The managers of a hospital in which a patient is detained under the provisions of this Act, F1. . . shall take such steps as are practicable to ensure that the patient understands—
(a)under which of those provisions he is for the time being detained F1. . . and the effect of that provision; and
(b)what rights of appeal to the sheriff are available to him in respect of his detention F1. . . under that provision; and
(c)that he may make representations to the Mental Welfare Commission,
and those steps shall be taken as soon as practicable after the commencement of the patient’s detention F1. . ., or any renewal of the authority for his detention F1. . ..
(2)The managers of a hospital in which a patient is detained as aforesaid shall also take such steps as are practicable to ensure that the patient understands the effect, so far as relevant in his case, of—
(a)sections 33 and 34 of this Act; and
(b)Part X and sections 115, 116 and 119 of this Act;
and those steps shall be taken as soon as practicable after the commencement of the patient’s detention in the hospital.
(3)The steps to be taken under this section shall include giving the requisite information both orally and in writing.
(4)The managers of a hospital in which a patient is detained as aforesaid F1. . . shall, except where the patient otherwise requests, take such steps as are practicable to furnish the person (if any) appearing to them to be his nearest relative with a copy of any information given to him in writing under subsection (1) and (2) above; and those steps shall be taken when the information is given to the patient or within a reasonable time thereafter.
(5)Section 56(4) of this Act shall have effect as if subsection (4) of this section were contained in part V of this Act.
F1Words in s. 110(1)(4) repealed (1.4.2002) by 2000 asp 4, s. 88(3), Sch. 6; S.S.I. 2001/81, art. 3, Sch. 2
(1)Where a patient liable to be detained in a hospital under this Act is to be discharged otherwise than by virtue of an order for discharge made by his nearest relative [F1or the making of a community care order], the managers of the hospital shall, subject to subsection (2) of this section, take such steps as are practicable to inform the person (if any) appearing to them to be the nearest relative of the patient; and that information shall, if practicable, be given at least seven days before the date of discharge.
(2)Subsection (1) of this section shall not apply if the patient or his nearest relative has requested that information about the patient’s discharge should not be given under this section.
(3)Section 56(4) of this Act shall have effect as if this section were contained in Part V of this Act.
F1Words in s. 111(1) inserted (1.4.1996) by 1995 c. 52, ss. 4(2), 7(2), Sch. 2, para. 8
In any arrangements that may be made for the detention of a patient F1. . . in pursuance of this Act, regard shall be had to the religious persuasion to which the patient belongs or appears to belong.
F1Words in s. 112 repealed (1.4.2002) by 2000 asp 4, s. 88(3), Sch. 6; S.S.I. 2001/81, art. 3, Sch. 2
(1)In any appeal to the sheriff under this Act, or in any proceedings relating to an application for admission to a hospital F1. . ., the sheriff shall give the patient an opportunity to be heard, either—
(a)in person (unless cause to the contrary has been shown); or
(b)by means of a representative.
(2)Where it is established to the satisfaction of the sheriff that it would be prejudicial to the patient’s health or treatment if he were present during any such appeal or proceedings, the sheriff may exclude the patient (but not his representative) from the whole or part of that appeal or those proceedings.
F1Words in s. 113(1) repealed (1.4.2002) by 2000 asp 4, s. 88(3), Sch. 6; S.S.I. 2001/81, art. 3, Sch. 2
(1)The Secretary of State may pay to persons who are receiving treatment as in-patients (whether liable to be detained or not) in any hospital, other than a private hospital, being a hospital wholly or mainly used for the treatment of persons suffering from mental disorder, such amounts as he thinks fit in respect of their occasional personal expenses where it appears to him that they would otherwise be without resources to meet those expenses.
(2)For the purposes of the M1National Health Service (Scotland) Act 1978, the making of payments under this section to persons for whom services are provided under that Act shall be treated as included among those services.
(1)Any postal packet addressed to any person by a patient detained in a hospital under this Act and delivered by him for dispatch may be withheld from the [F1postal operator]—
(a)if that person has requested that communications addressed to him by the patient should be withheld; or
(b)subject to subsection (3) of this section, if the hospital is a State hospital and the managers of the hospital consider that the postal packet is likely—
(i)to cause distress to the person to whom it is addressed or to any other person (not being a person on the staff of the hospital); or
(ii)to cause danger to any person,
and any request for the purposes of paragraph (a) of this subsection shall be made by a notice in writing given to the managers of the hospital, the responsible medical officer or the Secretary of State.
(2)Subject to subsection (3) of this section a postal packet addressed to a patient detained in a State hospital under this Act may be withheld from the patient if, in the opinion of the managers of the hospital, it is necessary to do so in the interests of the safety of the patient or for the protection of other persons.
(3)Subsections (1)(b) and (2) of this section do not apply to any postal packet addressed by a patient to, or sent to a patient by or on behalf of—
(a)any Minister of the Crown [F2or the Scottish Ministers] or member of either House of Parliament [F2or member of the Scottish Parliament][F3or of the Northern Ireland Assembly];
(b)the Mental Welfare Commission, any Commissioner thereof or any person appointed by them under section 3(9)(b) of this Act;
(c)the Parliamentary Commissioner for Administration, [F4or the Scottish Public Services Ombudsman;]
(d)any judge or clerk of court;
(e)a Health Board, the Common Services Agency for the Scottish Health Service or a local council established under section 7 of the M1National Health Service (Scotland) Act 1978;
(f)a local authority within the meaning of section 235 of the M2Local Government (Scotland) Act 1973;
(g)the managers of the hospital in which the patient is detained;
(h)any legally qualified person instructed by the patient to act as his legal advisor; or
(i)the European Commission on Human Rights or the European Court of Human Rights.
(4)The managers of the hospital may open and inspect any postal packet for the purpose of determining whether it is one to which subsection (1) or (2) of this section applies and, if so, whether or not it should be withheld under that subsection; and the power to withhold a postal packet under either of those subsections includes power to withhold anything contained in it.
(5)Where a postal packet or anything contained in it is withheld under subsection (1) or (2) of this section the managers of the hospital shall record that fact in writing and shall, within 7 days of the date on which they withheld the postal packet or anything contained in it, notify the Mental Welfare Commission of—
(a)the name of the patient concerned; and
(b)the nature of the postal packet or contents withheld; and
(c)the reason for withholding the postal packet or contents.
(6)Where a postal packet or anything contained in it is withheld under subsection (1)(b) or (2) of this section the managers of the hospital shall within 7 days give notice of that fact to the patient and, in a case under subsection (2) of this section, to the person (if known) by whom the postal packet was sent; and any such notice shall be in writing and shall contain a statement of the effect of section 116 of this Act.
(7)The functions of the managers of a hospital under this section shall be discharged on their behalf by a person on the staff of the hospital appointed by them for that purpose, and different persons may be appointed to discharge different functions.
(8)The Secretary of State may make regulations with respect to the exercise of the powers conferred by this section.
(9)In this section and in section 116 of this Act “postal packet” [F5and “postal operator” have] the same meaning as in the [F6Postal Services Act 2000]F7. . ..
F1Words in s. 115(1) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 60(a)
F2Words in s. 115(3)(a) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I, para. 74(2) (with art. 5); S.I. 1998/3178, art. 2
F3Words in s. 115(3)(a) inserted (2.12.1999) by S.I. 1999/663, art. 2(1), Sch. 1 para. 24 (with art. 5(1)); S.I. 1999/3208, art. 2
F4Words in s. 115(3)(c) substituted (23.10.2002) by Scottish Public Services Ombudsman Act 2002 (asp 11), s. 25, Sch. 6 para. 6; S.S.I. 2002/467, art. 2
F5Words in s. 115(9) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 60(b)(i)
F6Words in s. 115(9) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 60(b)(ii)
F7Words in s. 115(9) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))
C1s. 115(3)(c) extended in part (1.7.1999) by S.I. 1999/1351, art. 17(2)(c) (with art. 18); S.I. 1998/3178, art. 2
M11978 c. 29.
M21973 c. 65.
(1)The Mental Welfare Commission shall review any decision to withhold a postal packet or anything contained in it under subsection (1)(b) or (2) of section 115 of this Act if an application in that behalf is made—
(a)in a case under the said subsection (1)(b), by the patient; or
(b)in a case under the said subsection (2), either by the patient or by the person by whom the postal packet was sent;
and any such application shall be made within 6 months of the receipt by the applicant of the notice referred to in subsection (6) of that section.
(2)On an application under subsection (1) of this section the Commission may direct that the postal packet or anything contained in it which is the subject of the application shall not be withheld and the managers of the hospital in which the patient is detained shall comply with any such direction.
(3)The Secretary of State may by regulations make provision with respect to the making and determination of applications under subsection (1) of this section, including provision for the production to the Mental Welfare Commission of any postal packet which is the subject of such an application.
(1)Where a mental health officer or a medical commissioner has reasonable cause to believe that a person suffering from mental disorder—
(a)has been or is being ill-treated, neglected or kept otherwise than under control, in any place; or
(b)being unable to care for himself, is living alone or uncared for in any place,
he may, on production of some duly authenticated document showing that he is so authorised, demand admission at all reasonable times and, if admission is not refused, may enter and inspect that place.
(2)If it appears to a justice of the peace on sworn information in writing by such officer or commissioner as aforesaid, that admission when demanded in pursuance of subsection (1) of this section has been refused or that a refusal of such admission is apprehended, he may issue a warrant authorising any constable named therein to enter, if need be by force, any premises specified in the warrant, and to remove, if it appears proper so to do, any person suffering from mental disorder to whom subsection (1) of this section applies to a place of safety with a view to the making of an application or emergency recommendation in respect of him under Part V of this Act, or of other arrangements for his treatment or care.
(3)If it appears to a justice of the peace on sworn information in writing by any constable or other person who is authorised by or under this Act or under section 88 of the M1Mental Health Act 1983, to take a patient to any place, or to take into custody or retake a patient who is liable to be so taken or retaken—
(a)that there is reasonable cause to believe that that patient is to be found on any premises; and
(b)that admission to the premises has been refused or that a refusal of such admission is apprehended,
the justice may issue a warrant authorising any constable named therein to enter the premises, if need be by force, and to remove the patient.
(4)A patient who is removed to a place of safety in the execution of a warrant issued under this section may be detained there for a period not exceeding 72 hours.
(5)In the execution of a warrant issued under subsection (2) of this section, the constable to whom it is addressed shall be accompanied by a medical practitioner, and in the execution of a warrant issued under subsection (3) of this section the constable to whom it is addressed may be accompanied—
(a)by a medical practitioner;
(b)by any person authorised by or under this Act or section 88 of the M2Mental Health Act 1983, to take or retake the patient.
(6)It shall not be necessary in any information or warrant under subsection (2) of this section to name the person concerned.
(7)In this section—
(a)any reference to a justice of the peace includes a reference to the sheriff and to a stipendiary magistrate; and
(b)“place of safety” means a hospital as defined by this Act or residential home for persons suffering from mental disorder or any other suitable place the occupier of which is willing temporarily to receive the patient; but shall not include a police station unless by reason of emergency there is no place as aforesaid available for receiving the patient.
Mental Health (Scotland) Act 1984