Related links

Related websites


Mental Health Law Team
Mental Health & Protection of Rights Division
3ER St Andrew's House
Regent Road

Mental Health Law

Current Consultations


Mental Health (Scotland) Act 2015

The Mental Health (Scotland) Act 2015 received Royal Assent on August 4, 2015 following passage through the Scottish Parliament. The Act makes changes to the Mental Health (Care and Treatment) (Scotland) Act 2003 to allow service users to with a mental disorder to access effective treatment quickly and easily. It also contains measures around named persons, advance statements and advocacy to enhance service users' rights and to promote service users’ involvement in their treatment. It introduces a Victim Notification Scheme for victims of mentally disordered offenders. It also makes some changes to the Criminal Procedure (Scotland) Act 1995 in relation to mental health disposals in criminal cases:

Implementation of the 2015 Act

We are developing a full plan for implementing the Act and will continue to work with stakeholders on developing the plan. This will include a stakeholder reference group and the Code of Practice working group. Implementation of the Act will include secondary legislation, implementation of the Victim Notification Scheme for victims of mentally disordered offenders and revisions to guidance, forms and the Code of Practice. We will involve a wide range of stakeholders in this work.

New regulations related to appeals against levels of security are in force from November 16, 2015:

We do not expect the majority of the Act to be commenced before Autumn 2016 and we will ensure that further details and dates relating to implementation of the Act, including consultations on secondary legislation and information on when individual provisions come into force, are communicated widely and as far in advance as possible. That includes through this section of the Scottish Government website.