Mental Health (Scotland) Act 1984
Mental Health (Scotland) Act 1984 (1984 c. 36)
- Mental Health (Scotland) Act 1984 (1984 c. 36)
- Part I Application of Act
- 1 Application of Act: “mental disorder”.
- Part II Mental Welfare Commission
- 2 Mental Welfare Commission.
- 3 Functions and duties of the Mental Welfare Commission.
- 4 Proceedings and evidence at enquiries under section 3.
- 5 Duties of the Secretary of State and of local authorities in relation to the Mental Welfare Commission.
- 5A Duties in relation to private hospitals
- 6 Appointment and payment of staff.
- Part III Local Authority Services
- 7 Functions of local authorities.
- 8 Provision of after-care services.
- 9 Appointment of mental health officers.
- 10 Welfare of certain hospital patients.
- 11 The training and occupation of the mentally handicapped.
- Part IV Private Hospitals
- 12 Registration of private hospitals.
- 13 Pre-requisites of registration.
- 14 Control of private hospitals.
- 15 Cancellation and continuance in certain circumstances of registration.
- 16 Offences against this Part of this Act and penalties.
- Part V Admission to and Detention in Hospital and Guardianship
- Grounds for hospital admission
- 17 Patients liable to be detained in hospital.
- Procedure for admission of patients: hospital
- 18 Admission and detention of patients: hospital.
- 19 General provisions as to applications: hospital.
- 20 Medical recommendations: hospital.
- 21 Approval of applications by the sheriff: hospital.
- 22 Effect of applications: hospital.
- 23 Rectification of application and recommendations: hospital.
- 24 Emergency admission: hospital.
- 25 Detention of patients already in hospital.
- 26 Short term detention.
- 26A Interim detention.
- Care and treatment of patients: hospital
- 27 Leave of absence from hospital.
- 28 Return and re-admission of patients absent without leave: hospital.
- 29 Transfer of patients: hospital.
- Duration of authority for detention and discharge of patients: hospital
- 30 Duration of authority: hospital.
- 31 Special provisions as to patients absent without leave: hospital.
- 31A Patients who are taken into custody or return within 28 days: hospital.
- 31B Patients who are taken into custody or return after more than 28 days: hospital.
- 32 Special provisions as to patients sentenced to imprisonment etc.: hospital.
- 33 Discharge of patients: hospital.
- 34 Restrictions on discharge by nearest relative: hospital.
- Appeals: hospital
- 35 Appeals to the sheriff: hospital.
- Community care orders
- 35A Community care orders.
- 35B Community care applications.
- 35C Duration and renewal of community care order.
- 35D Variation of conditions in community care order.
- 35E Change of special medical officer or after-care officer.
- 35F Appeal against community care order.
- 35G Admission to hospital for reassessment.
- 35H Reassessment: further provisions.
- 35I Revocation of community care order.
- 35J Patients in custody or admitted to hospital in pursuance of emergency recommendations.
- 35K Patients moving from England and Wales to Scotland.
- Grounds for reception into guardianship
- 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Procedure for reception of patients: guardianship
- 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Care and treatment of patients: guardianship
- 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Duration of authority for guardianship and discharge of patients
- 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 48A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 48B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Appeals: guardianship
- 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Functions of relatives of patients
- 53 Definition of relative and nearest relative.
- 54 Children and young persons in care of local authority.
- 55 Nearest relative of child under guardianship etc.
- 56 Appointment by sheriff of acting nearest relative.
- 57 Discharge and variation of orders under s. 56.
- Supplementary
- 58 Regulations for purposes of Part V.
- 59 Interpretation of Part V.
- Part VI Detention of Patients concerned in Criminal Proceedings etc. and Transfer of Patients under Sentence
- Provisions for compulsory detention and guardianship of patients charged with offences et ceteralaetc.
- 60 Effect of hospital orders.
- 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 62 Effect of restriction orders.
- 62A Effect of hospital direction.
- 63 Right of appeal of restricted patients etc.
- 64 Right of appeal of patients subject to restriction orders.
- 65 Right of appeal of patients subject to restriction directions.
- 66 Further consideration of case of conditionally discharged patient.
- 66A Appeal to Court of Session against sheriff’s decisions under sections 64, 65 and 66
- 67 Application of sections 63 to 66 to other persons treated as restricted patients.
- 68 Powers of Secretary of State in respect of patients subject to restriction orders.
- 69 Persons ordered to be kept in custody during Her Majesty’s pleasure.
- Transfer to hospital or guardianship of prisoners et ceteralaetc.
- 70 Removal to hospital of persons in prison awaiting trial etc.
- 71 Removal to hospital of persons serving sentences of imprisonment and other prisoners.
- 71A Further provision as to persons removed to hospital under section 71.
- 72 Restriction on discharge of prisoners removed to hospital.
- 73 Further provisions as to persons removed to hospital while awaiting trial etc.
- 74 Further provision as to transfer directions and restriction directions.
- 75 Further provisions as to civil prisoners and persons detained under the Immigration Act 1971.
- Supplementary
- 76 Interpretation of Part VI.
- Part VII Removal and Return of Patients within United Kingdom etc.
- Removal to and from England and Wales
- 77 Removal of patients to England and Wales.
- 77A Transfer of responsibility for patients to England and Wales.
- 78 Position of nearest relative on removal to England and Wales.
- 79 Position of nearest relative on removal to Scotland.
- Removal to and from Northern Ireland
- 80 Removal of patients to Northern Ireland.
- 80A Transfer of responsibility for patients to Northern Ireland.
- 81 Removal to Scotland of patients from Northern Ireland.
- 81A Transfer of responsibility for patients to Scotland from Northern Ireland.
- Other provisions as to removal
- 82 Removal of certain patients from Channel Islands and Isle of Man to Scotland.
- 82A Responsibility for patients transferred from Channel Islands or Isle of Man to Scotland.
- 82B Transfer of responsibility for patients to Channel Islands or Isle of Man.
- 83 Removal of alien patients.
- Return of patients absent without leave
- 84 Patients absent from hospitals in Scotland.
- 85 Patients absent from hospitals in Northern Ireland.
- Supplementary
- 86 Regulations for purposes of Part VII.
- 87 General provisions as to patients removed from Scotland.
- 88 Intimation of removal of patients to Scotland.
- 89 Interpretation of Part VII.
- Part VIII State Hospitals
- 90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 91 Administrative provisions.
- Part IX Protection of Property of Patients
- 92 Duties of local authority in relation to property.
- 93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 94 Powers of managers in relation to property of patients.
- 95 Reciprocal arrangements in relation to Northern Ireland as to exercise of powers.
- Part X Consent to Treatment
- 96 Preliminary.
- 97 Treatment requiring consent and a second opinion.
- 98 Treatment requiring consent or a second opinion.
- 99 Review of treatment.
- 100 Plans of treatment.
- 101 Withdrawal of consent.
- 102 Urgent treatment.
- 103 Treatment not requiring consent.
- Part XI Miscellaneous and General
- Offences
- 104 False statements.
- 105 Ill-treatment of patients.
- 106 Protection of mentally handicapped females.
- 107 Protection of patients.
- 108 Assisting patients to absent themselves without leave etc.
- 109 Obstruction.
- Miscellaneous provisions
- 110 Duty to give information to patients and nearest relatives.
- 111 Duty of managers to inform nearest relative of discharge of detained patients.
- 112 Religious persuasion of patients.
- 113 Duty of sheriff to give patient opportunity to be heard.
- 114 Provision for personal expenses of in-patients in hospital.
- 115 Correspondence of patients.
- 116 Review of decision to withhold postal packet.
- 117 Entry on premises and warrant to search for and remove patients.
- 118 Mentally disordered persons found in public places.
- 119 Code of practice.
- Supplementary
- 120 Provisions as to custody, conveyance and detention.
- 121 Retaking of patients escaping from custody.
- 121A Warrants for arrest of escaped mental patients.
- 122 Protection for acts done in pursuance of this Act.
- 123 Inquiries.
- 124 General provisions as to regulations and orders.
- 125 Interpretation.
- 126 Preservation of amendments.
- 127 Consequential and transitional provisions and repeals.
- 128 Application to England and Wales.
- 129 Application to Northern Ireland.
- 130 Short title and commencement.
- SCHEDULES
- SCHEDULE 1 State Hospital Management Committees
- Constitution
- Supplementary Provisions
- SCHEDULE 2 Application of Provisions of Part V to Patients Subject to Hospital or Guardianship Orders
- Part I Hospital Order Without Restriction Order (Section 60(1)); Transfer From Prison Without Restriction (Section 71).
- Part II Hospital Order with Restriction Order, (Section 62) and Orders or Directions having the Like Effect (Sections 69, 70 and 72).
- Part III Guardianship Order (Section 61(2))
- SCHEDULE 3 Consequential Amendments
- The Improvement of Land Act 1864 (c. 114)
- The Colonial Prisoners Removal Act 1884 (c. 31)
- Nursing Homes Registration (Scotland) Act 1938 (c. 73)
- The Polish Resettlement Act 1947 (c. 19)
- The Army Act 1955 (c. 18)
- The Air Force Act 1955 (c. 19)
- The Naval Discipline Act 1957 (c. 53)
- Local Government (Scotland) Act 1966 (c. 51)
- The Criminal Justice Act 1967 (c. 80)
- The Courts-Martial (Appeals) Act 1968 (c. 20)
- The Social Work (Scotland) Act 1968 (c. 49)
- The Local Authority Social Services Act 1970 (c. 42)
- Chronically Sick and Disabled Persons Act 1970 (c. 44)
- The Guardianship Act 1973 (c. 29)
- Local Government (Scotland) Act 1973 (c. 65)
- The Rehabilitation of Offenders Act 1974 (c. 53)
- The Criminal Procedure (Scotland) Act 1975 (c. 21)
- The Adoption (Scotland) Act 1978 (c. 28)
- The National Health Service (Scotland) Act 1978 (c. 29)
- The Child Care Act 1980 (c. 5)
- The Reserve Forces Act 1980 (c. 9)
- The Concessionary Travel for Handicapped Persons (Scotland) Act 1980 (c. 29)
- Solicitors (Scotland) Act 1980 (c. 46)
- Tenants’ Rights, Etc. (Scotland) Act 1980 (c. 52)
- The Contempt of Court Act 1981 (c. 49)
- The Mental Health Act 1983 (c. 20)
- SCHEDULE 4 Transitional and Savings Provisions
- SCHEDULE 5 Repeals
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