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

Footnotes Section 4

1 Scottish Law Commission Mentally Disordered and Vulnerable Adults: Public Authority Powers, Discussion Paper 96, paras 2.46-2.52
2 Scottish Law Commission Report on Vulnerable Adults, (Scot Law Com No 158)
3 1984 Act, s117 (7)
4 'Roles and responsibilities of general practitioners and police dealing with potentially violent mentally disordered persons in the community' Community Care Circular 3/99
5 Section 13(4) states that ' "a homosexual act" means sodomy or an act of gross indecency or shameless indecency by one male person with another male person'.
6 This definition is derived from that for one of the categories of people who could be detained under the Mental Health (Scotland) Act 1960.
7 X & Y v Netherlands, Case no. 16/1983/72/110, judgement issued 26 March 1985.
8 see Ward, A. The Power to Act, (Scottish Society for the Mentally Handicapped), 1990, Chapter 9
9 Consent in Sex Offences: A Report to the Home Office Sex Offences Review (2000)
10 'Setting the Boundaries' Vol 1, (Home Office, July 2000) paras 4.5.7 -4.5.13
11 s107(3) incorporates male homosexual activity by adding homosexual acts under s13 of the Criminal Law (Consolidation) Scotland Act 1995 to the prohibited behaviours under s107
12 Aiming for Excellence: A White Paper, The Scottish Office (1999), Cm 4288.
13 Regulating Care and the Social Services Workforce (Consultation), Scottish Executive (1999).
14 Regulating Private and Voluntary Healthcare _ A Consultation, Scottish Executive Health Department (2000).
15 Regulatory Private and Voluntary Healthcare - A consultation (Scottish Executive 2000), para 5.3

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