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Scottish Executive
Mental Health Law
What We Do Health Mental Health Law

Report on the Review of the Mental Health (Scotland) Act 1984

Executive Summary

TERMS OF REFERENCE

1. The Committee, which was chaired by the Rt Hon Bruce Millan, was set up by the UK Government in February 1999 to undertake a comprehensive review of the Mental Health (Scotland) Act 1984.

2. The remit given to the Committee was:

"In the light of developments in the treatment and care of persons with mental disorder, to review the Mental Health (Scotland) Act 1984, taking account of issues relating to the rights of patients, their families and carers, and the public interest; and having particular regard to:

  • The definition of mental disorder;
  • The criteria and procedures for detention in and discharge from hospital;
  • Leave of absence and care outwith hospital;
  • The role of the Mental Welfare Commission for Scotland;
  • The findings of the Committee set up to review the arrangements for the sentencing and treatment of serious violent and sexual offenders, including those with personality disorders;

And to make recommendations."