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This item was published during the term of a previous administration that ended in April 2007

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Mental Health Act implementation

19/11/2003

The implementation dates for provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003 were confirmed today, and new funding of £15 million for mental health services inScotlandwas announced.

Health Minister Malcolm Chisholm confirmed that, following a consultation exercise earlier this year, the Act's main provisions will become effective in April 2005. In addition, he confirmed that:

* provisions to allow service users to appoint Named Persons and to draw up Advance Statements will be introduced in October 2004;

* the right of appeal for patients detained in excessive security will be implemented in May 2006.

The Minister also announced that the additional £15 million will be made available to partner agencies, through NHS Boards, to work together to meet Partnership Agreement commitments for developing mental health services, including crisis services. This means a total of £45 million funding - £30 million has already been allocated to local authorities - to support planning and implementation of the new Act.

Mr Chisholm said:

"The Royal Assent of this groundbreaking Act represented the conclusion of one stage for renewing mental health law inScotlandand the beginning of another. The implementation of the new Act is about ensuring the benefits offered by the Act are achieved in reality. A great deal of progress has already been made both nationally and by local agencies, and we are supporting all the agencies involved to work together to achieve the goals of the Act.

"At the heart of the success in achieving the aims of the new legislation will be the development of services and support which meet the needs of those with mental health problems in communities inScotlandin the 21st century. I am pleased to announce that £15 million of Partnership Agreement funds will be allocated to meeting the commitments for planning and delivering mental health services set out in Partnership for a Better Scotland.

"Joint Local Implementation Plans are to be prepared by April 2004 and this new, additional money will also help NHS Boards, local authorities and their partners in voluntary organisations - and of course users and carers- in the development of these. The plans will identify those priorities for the provision of services and set out the actions to be taken to ensure these are delivered. It is important these joint plans reflect and build upon the joint management and delivery approaches which follow the principles of the Joint Future initiative."

The Executive's guide to the Act - Introduction to the Act - and the second edition of the Reforming Mental Health Law newsletter, are also published today. These provide further information on provisions of the new legislation and are intended to help all those involved in the implementation of the Act and in the planning and use of services.

The Minister added:

"The measures I have announced today run alongside other developments for mental health services already underway. For example, work is in progress to support users and carers to ensure independent advocacy is available as envisaged by the Act. Furthermore, the new National Mental Health Workforce Group is working to address issues of recruitment, retention and training for those involved in providing care and support to those with mental health problems.

"I am also pleased to say that the Mental Health and Well Being Support Group will now have an enhanced role. The Group will co-ordinate the Executive's work on service development at national level and will provide support to NHS Boards and their partners for their local planning."

Page updated: Wednesday, July 21, 2004