The Scottish Government

Code of Practice

Volume 1 - General Overview

Volume 2 - Civil Compulsory Powers (Parts 5, 6, 7 and 20)

Volume 3 - Compulsory powers in relation to mentally disordered offenders

To enable you to provide suggested amendments or to notify us of any errors in the Code of Practice, we have developed a feedback form*. The form gives you the added opportunity to tell us about what you have found most or least helpful about the Code. Completed forms can be submitted by e-mailing the mental health law mailbox.

* Please note - macros need to be enabled to successfully download the form.

• The Mental Health (Care and Treatment) (Scotland) Act 2003: Implementation of provisions in relation to advance statements and named persons (Sections 250, 253 and 275) - HDL(2004)43
• The Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Order 2005 - HDL(2005)42
• The Mental Health (Care and Treatment) (Scotland) Act 2003 (Cross-Border Transfer: Patients Subject to Detention Requirement or Otherwise in Hospital (Scotland) Regulations 2005 - HDL(2005)43
• The Mental Health (Care and Treatment) (Scotland) Act 2003 - HDL(2005)45
• Admission of young people for treatment of mental disorder to adult mental health wards, paediatric wards and general medical wards - HDL(2005)55
• Mental Health Officer reports for the court under section 57C and 59B of the Criminal Procedure (Scotland) Act 1995 - HDL(2006)01
• Mental Health (Care and Treatment) (Scotland) Act 2003: Provisions relating to the suspension of detention - HDL(2006)07
• Mental Health (Care and Treatment) (Scotland) Act 2003: Appeals against being held in conditions of excessive security - HDL(2006)25
• Interviewing People Who Are Mentally Disordered: "Appropriate Adult" Schemes - HDL(2006)56
• Mental Health (Care and Treatment) (Scotland) Act 2003: Safety and Security in Hospitals - HDL(2007) 27
• Mental Health (Care and Treatment) (Scotland) Act 2003: Amendments to Parts 10 and 11 re the necessity test - HDL(2007)30
• Mental Health (Care and Treatment) (Scotland) Act 2003: Mandatory two year review by the Mental Health Tribunal for Scotland - CEL(2007)5

• Implementation of the Multi-Agency Public Protection Arrangements (MAPPA) in relation to registered sex offenders required by sections 10 and 11 of the Management of Offenders etc (Scotland) Act 2005 - CEL(2007)7

• Guidance for Forensic Services - CEL(2007)13
• Multi Agency Public Protection Arrangements - Extension of Management of Offenders etc. (Scotland) Act 2005 to Restricted Patients - CEL(2008)19
• The Mental Health (Cross-Border Visits) (Scotland) Regulation 2008 - SSI Number 2008/181 - CEL(2008)29

Reforming Mental Health Law Newsletters

During the implementation of the act we issued a series of newsletters to keep service users and service providers informed. To access the newsletter archive click here.

Information and Topic Guides

We have published a reader friendly booklet called The New Mental Health Act - An easy read guide (140 pages) which sets out the main features of the Act and describes some of its provisions. Two small booklets - What's it all about? A short introduction (9 pages) and What's it all about? An easy read guide (9 pages) - concisely introduce the New Mental Health Act.

For more detailed information on issues contained within 'The New Mental Health Act - An easy read guide' we have produced a series of specific topic guides for service users and carers:

• A guide to Advance Statements
• A guide to compulsory treatment orders
• A guide to consent to treatment
• A guide to emergency and short-term powers
• A guide to independent advocacy
• The role of the Mental Welfare Commission
• A guide to Named Persons
• Are You a Named Person?
• A guide to the roles and duties of NHS Boards and local authorities
• A guide for people involved in criminal justice proceedings
• A guide to the appeals process
• A guide to the role of the mental health officer
• An Introduction to the Mental Health Tribunal for Scotland
• Putting Principles into Practice
• Rights of Carers

Topic Guides - Large Print, Community Languages Translations, Audio, Braille

Click here for large print, community language translations, audio and Braille versions of the topic guides.