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

2003 asp 13

CONTENTS

  1. Part 1

    Introductory

    1. 1. Principles for discharging certain functions

    2. 2. Welfare of the child

    3. 3. Equal opportunities

  2. Part 2

    The Mental Welfare Commission for Scotland

    1. Continued existence of Commission

      1. 4. The Mental Welfare Commission for Scotland

    2. General duties

      1. 5. Duty to monitor operation of Act and promote best practice

      2. 6. Reporting on operation of Act

    3. Particular functions

      1. 7. Duty to bring matters generally to attention of Scottish Ministers and others

      2. 8. Duty to bring specific matters to attention of Scottish Ministers and others etc.

      3. 9. Duty to give advice

      4. 10. Publishing information, guidance etc.

      5. 11. Investigations

      6. 12. Investigations: further provision

      7. 13. Visits in relation to patients

      8. 14. Interviews

      9. 15. Medical examination

      10. 16. Inspection etc. of records

      11. 17. Duties of Scottish Ministers, local authorities and others as respects Commission

      12. 18. Annual report

      13. 19. Statistical information

      14. 20. Protection from actions of defamation

  3. Part 3

    The Mental Health Tribunal for Scotland

    1. 21. The Mental Health Tribunal for Scotland

  4. Part 4

    Health Board and local authority functions

    1. Chapter 1

      Health Board duties

      1. Approved medical practitioners

        1. 22. Approved medical practitioners

      2. Services and accommodation: particular cases

        1. 23. Provision of services and accommodation for certain patients under 18

        2. 24. Provision of services and accommodation for certain mothers with post-natal depression

    2. Chapter 2

      Local authority functions

      1. Provision of services

        1. 25. Care and support services etc.

        2. 26. Services designed to promote well-being and social development

        3. 27. Assistance with travel

      2. Charging for services

        1. 28. Services under sections 25 to 27: charging

      3. Relationship with general duties

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

      4. Co-operation and assistance

        1. 30. Co-operation with Health Boards and others

        2. 31. Assistance from Health Boards and others

      5. Appointment of mental health officers

        1. 32. Appointment of mental health officers

      6. Duty to inquire into individual cases

        1. 33. Duty to inquire

        2. 34. Inquiries under section 33: co-operation

        3. 35. Inquiries under section 33: warrants

  5. Part 5

    Emergency detention

    1. Emergency detention certificate

      1. 36. Emergency detention in hospital

      2. 37. Notification by medical practitioner

    2. Duties on hospital managers

      1. 38. Duties on hospital managers: examination, notification etc.

    3. Revocation of certificate

      1. 39. Approved medical practitioner’s duty to revoke emergency detention certificate

      2. 40. Revocation of emergency detention certificate: notification

    4. Suspension of authority to detain

      1. 41. Suspension of authority to detain

      2. 42. Certificate under section 41: revocation

    5. Effect of emergency detention certificate on compulsory treatment order

      1. 43. Effect of subsequent emergency detention certificate on compulsory treatment order

  6. Part 6

    Short-term detention

    1. Short-term detention certificate

      1. 44. Short-term detention in hospital

      2. 45. Mental health officer’s duty to interview patient etc.

    2. Duties on hospital managers

      1. 46. Hospital managers' duties: notification

    3. Extension certificate

      1. 47. Extension of detention pending application for compulsory treatment order

      2. 48. Extension certificate: notification

    4. Revocation of certificates

      1. 49. Responsible medical officer’s duty to review continuing need for detention

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

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

      4. 52. Revocation of short-term detention certificate or extension certificate: notification

    5. Suspension of detention

      1. 53. Suspension of measure authorising detention

      2. 54. Certificate under section 53: revocation

    6. Effect of short-term detention certificate on emergency detention certificate

      1. 55. Effect of subsequent short-term detention certificate on emergency detention certificate

    7. Effect of short-term detention certificate on compulsory treatment order

      1. 56. Effect of subsequent short-term detention certificate on compulsory treatment order

  7. Part 7

    Compulsory treatment orders

    1. Chapter 1

      Application for, and making of, orders

      1. Pre-application procedures

        1. 57. Mental health officer’s duty to apply for compulsory treatment order

        2. 58. Medical examination: requirements

        3. 59. Mental health officer’s duty to identify named person

        4. 60. Application for compulsory treatment order: notification

        5. 61. Mental health officer’s duty to prepare report

        6. 62. Mental health officer’s duty to prepare proposed care plan

      2. Application for order

        1. 63. Application for compulsory treatment order

      3. Making of order etc.

        1. 64. Powers of Tribunal on application under section 63: compulsory treatment order

        2. 65. Powers of Tribunal on application under section 63: interim compulsory treatment order

        3. 66. Measures that may be authorised

        4. 67. Order authorising detention: ancillary authorisation

      4. Extension of short-term detention: special case

        1. 68. Extension of short-term detention pending determination of application

      5. Time limit for Tribunal’s determination: special case

        1. 69. Time limit for determining application etc. where section 68 applies

      6. Effect of making of orders on short-term detention

        1. 70. Effect of subsequent order on short-term detention certificate

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

        1. 71. Application of Chapter where patient subject to hospital direction or transfer for treatment direction

    2. Chapter 2

      Interim compulsory treatment orders: review and revocation

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

      2. 73. Commission’s power to revoke interim compulsory treatment order

      3. 74. Revocation under section 72 or 73: notification

      4. 75. Effect of subsequent compulsory treatment order on interim compulsory treatment order

    3. Chapter 3

      Compulsory treatment orders: care plan

      1. 76. Care plan: preparation, placing in medical records etc.

    4. Chapter 4

      Review of orders

      1. Mandatory reviews by responsible medical officer

        1. 77. First mandatory review

        2. 78. Further mandatory reviews

      2. Revocation of order by responsible medical officer or Commission

        1. 79. Responsible medical officer’s duty to revoke order: mandatory reviews

        2. 80. Revocation of order: responsible medical officer’s duty to keep under review

        3. 81. Commission’s power to revoke order

        4. 82. Revocation of order: notification

      3. Further steps to be taken where order not revoked

        1. 83. Mandatory reviews: further steps to be taken where order not revoked

      4. Extension of order by responsible medical officer

        1. 84. Responsible medical officer’s duty where extension of order appears appropriate

        2. 85. Mental health officer’s duties: extension of order

        3. 86. Responsible medical officer’s duty to extend order

        4. 87. Determination extending order: notification etc.

      5. Extension and variation of order: application by responsible medical officer

        1. 88. Responsible medical officer’s duty where extension and variation of order appear appropriate

        2. 89. Mental health officer’s duties: extension and variation of order

        3. 90. Responsible medical officer’s duty to apply for extension and variation of order

        4. 91. Application for extension and variation of order: notification

        5. 92. Application to Tribunal

      6. Variation of order: application by responsible medical officer

        1. 93. Responsible medical officer’s duties: variation of order

        2. 94. Application by responsible medical officer for variation of order: notification

        3. 95. Application to Tribunal by responsible medical officer

      7. Recorded matters: reference to Tribunal by responsible medical officer

        1. 96. Recorded matters: reference to Tribunal by responsible medical officer

        2. 97. Reference to Tribunal under section 96(3): notification

      8. Reference to Tribunal by Commission

        1. 98. Reference to Tribunal by Commission

      9. Applications by patient etc.

        1. 99. Application by patient etc. for revocation of determination extending order

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

      10. Review by Tribunal of determination extending order

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

      11. Powers of Tribunal

        1. 102. Powers of Tribunal on review under section 101

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

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

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

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

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

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

        8. 109. Ancillary powers of Tribunal

      12. Effect of interim orders on calculation of time periods in Chapter

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

      13. Meaning of “modify”

        1. 111. Meaning of “modify”

    5. Chapter 5

      Breach of orders

      1. Failure to attend for medical treatment

        1. 112. Failure to attend for medical treatment

      2. Non-compliance generally with order

        1. 113. Non-compliance generally with order

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

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

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

      3. Revocation of certificates

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

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

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

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

      4. Effect of section 113(5) on order

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

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

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

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

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

    6. Chapter 6

      Transfers

      1. 124. Transfer to other hospital

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

      3. 126. Transfer to state hospital: appeal to Tribunal

    7. Chapter 7

      Suspension

      1. 127. Suspension of measure authorising detention

      2. 128. Suspension of other measures

      3. 129. Certificates under sections 127 and 128: revocation

  8. Part 8

    Mentally disordered persons: criminal proceedings

    1. Chapter 1

      Pre-sentence orders

      1. Assessment orders and treatment orders

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

      2. Interim compulsion orders

        1. 131. Mentally disordered offenders: interim compulsion orders

      3. Remand for inquiry into mental condition

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

    2. Chapter 2

      Disposals on conviction and acquittal

      1. Compulsion orders

        1. 133. Mentally disordered offenders: compulsion orders

      2. Urgent detention of acquitted persons

        1. 134. Power of court to detain acquitted persons

      3. Probation with a requirement of treatment

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

    3. Chapter 3

      Mentally disordered prisoners

      1. 136. Transfer of prisoners for treatment for mental disorder

  9. Part 9

    Compulsion orders

    1. Chapter 1

      Duties following making of order

      1. 137. Part 9 care plan

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

    2. Chapter 2

      Review of compulsion orders

      1. Mandatory reviews by responsible medical officer

        1. 139. First review of compulsion order

        2. 140. Further reviews of compulsion order

      2. Revocation of order by responsible medical officer or Commission

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

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

        3. 143. Commission’s power to revoke compulsion order

        4. 144. Revocation of compulsion order: notification

      3. Further steps to be taken where order not revoked

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

      4. Extension of order following first review

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

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

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

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

      5. Extension of order following further review

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

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

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

        4. 153. Determination extending compulsion order: notification

      6. Extension and variation of order

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

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

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

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

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

      7. Variation of order

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

        2. 160. Application for variation of compulsion order: notification

        3. 161. Application to Tribunal by responsible medical officer

      8. Reference to Tribunal by Commission

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

      9. Applications to Tribunal by patient etc.

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

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

      10. Review by Tribunal of determination extending order

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

      11. Powers of Tribunal

        1. 166. Powers of Tribunal on review under section 165

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

        3. 168. Interim extension etc. of order: application under section 149

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

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

        6. 171. Powers of Tribunal on reference under section 162

        7. 172. Tribunal’s order varying compulsion order

        8. 173. Applications to Tribunal: ancillary powers

      12. Effect of interim orders: calculation of time periods in Chapter

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

      13. Meaning of “modify”

        1. 175. Meaning of “modify”

    3. Chapter 3

      Application of Chapters 5 to 7 of Part 7

      1. Breach of order

        1. 176. Medical treatment: failure to attend

        2. 177. Non-compliance generally with compulsion order

      2. Transfers

        1. 178. Transfers

      3. Suspension of measures

        1. 179. Suspension of measures

    4. Chapter 4

      Interpretation of Part

      1. 180. Interpretation of Part

  10. Part 10

    Compulsion orders and restriction orders

    1. Chapter 1

      Preliminary

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

    2. Chapter 2

      Review of orders

      1. Annual review of orders

        1. 182. Review of compulsion order and restriction order

      2. Consequences of annual review

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

      3. Responsible medical officer’s duty to keep orders under review

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

      4. Reference to Tribunal by Scottish Ministers

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

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

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

      5. Scottish Ministers' duty to keep orders under review

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

        2. 189. Reference to Tribunal by Scottish Ministers

        3. 190. Application by Scottish Ministers: notification

        4. 191. Application to Tribunal

      6. Application by patient etc.

        1. 192. Application to Tribunal by patient and named person

      7. Proceedings before Tribunal

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

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

        3. 195. Deferral of conditional discharge

      8. Effect of modification or revocation of orders

        1. 196. General effect of orders under section 193

        2. 197. Effect of revocation of compulsion order

        3. 198. Effect of revocation of restriction order

      9. Meaning of “modify”

        1. 199. Meaning of “modify”

    3. Chapter 3

      Conditional discharge

      1. 200. Variation of conditions imposed on conditional discharge

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

      3. 202. Recall of patients from conditional discharge

      4. 203. Effect of recall from conditional discharge

      5. 204. Appeal to Tribunal against recall from conditional discharge

  11. Part 11

    Hospital directions and transfer for treatment directions

    1. Preliminary

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

    2. Review of directions

      1. 206. Review of hospital direction and transfer for treatment direction

    3. Consequences of review

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

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

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

    5. Reference to Tribunal by Scottish Ministers

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

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

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

    6. Scottish Ministers' duty to keep directions under review

      1. 212. Duty of Scottish Ministers to keep directions under review

      2. 213. Reference to Tribunal by Scottish Ministers

    7. Application by patient etc.

      1. 214. Application to Tribunal by patient and named person

    8. Proceedings before Tribunal

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

    9. Effect of revocation of direction

      1. 216. Effect of revocation of direction

    10. Termination of direction on release of patient

      1. 217. Termination of hospital direction on release of patient

  12. Part 12

    Parts 10 and 11: transfers

    1. 218. Transfer of patients between hospitals

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

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

  13. Part 13

    Parts 8, 10 and 11: suspension

    1. Assessment orders

      1. 221. Assessment order: suspension of measure authorising detention

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

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

    2. Certain other orders and directions

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

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

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

  14. Part 14

    Assessment of needs