Primary Legislation (Acts)
The Mental Health (Care & Treatment) Act 2003 (the 2003 Act) was constructed as a result of the Millan: New Directions Report and replaced the Mental Health Act 1984.
The Mental Health (Care and Treatment) (Scotland) Act 2003 was passed by the Scottish Parliament on March 20, 2003, and received Royal Assent on April 25, 2003.
The 2003 Act has since been amended by:
We are also looking to make some further changes in the near future via our Mental Health Act Review
Secondary Legislation (SSIs)
Scottish Ministers are given powers to make secondary legislation (SSIs) under the 2003 Act. these may be regulations, Orders or Rules. The following gives links to the secondary legislation made under the 2003 Act:
The Mental Health Trubunal for Scotland's Case Digest, published in December 2011, summarises and comments on appeals and judicial reviews concerning Tribunal decisions where a written judgement has been issued by the court. It is hoped that professionals, patients and carers involved in proceedings before mental health tribunals will find the Case Digest of use and of interest.
Listed below are written judgments of the courts in cases where an appeal or Petition for Judicial Review has been brought against a decision of the Tribunal.
Click on a case name to access the full text of the relevant court judgement:
Consultation on Delegation of MHO Duties
On March 25, 2013, the Scottish Government launched a public consultation on the delegation of certain Local Authority and Mental Health Officer duties in the Mental Health (Care and Treatment) (Scotland) Act 2003 and the Adults with Incapacity (Scotland) Act 2000.
The consultation received 41 responses, and 40 of those gave permission to have them published online.
The Scottish Government are in the process of analysing the responses and will publish an analysis in due course.
Although the 2003 Act is undergoing a formal Review at the moment, we always welcome any feedback on the operation of mental health legislation (the Mental Health (Care & Treatment) (Scotland) Act 2003, and the above Regulations/Orders made under it) where you think it works well in practice and where its efficiency could be improved.
Please send your comments to email@example.com.