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Contact

Mental Health Law Team
Mental Health and Protection of Rights Division
3ER St Andrew's House
Regent Road
Edinburgh
EH1 3DG
 
mentalhealthlaw@gov.scot

Mental Health (Scotland) Act 2015 - guidance

Summary guidance
Transitional provisions

This guidance provides further information on the transitional provisions for Parts 1 and 2 of the Mental Health (Scotland) Act 2015. The link to the schedule for the commencement order makes clear the dates that these sections indivdiually come into force. Some sections were previously partially commenced to allow regulations to be laid in Parliament.

The flowchart is aimed at help identifying when a default named person under section 251 ceases to hold their role. The default named person will also cease to hold their role if the individual patient makes a declaration setting out that they no longer want them to act as their named person. This does not apply to named persons chosen by the individual under section 250 or those appointed by the Mental Health Tribunal for Scotland.

Patient representation - named persons, advance statements and advocacy

This interim informal guidance provides further information around new duties and legal provisions relating to named persons (including the introduction of listed initiators), advance statements and independent advocacy. It is chiefly aimed at practitioners.  It is based on parts of Volume 1, Chapter 6 of the Code of Practice and it is intended that this guidance will be incorporated into the draft Code of Practice that reflects the updates in the 2015 Act.

Other provisions

Interim informal guidance has also been produced for several other parts of the 2003 Act that have been amended by the 2015 Act and associated regulations, including the nurse's holding power (section 299), suspension of detention and other measures (sections 127, 128 and 129) and removal orders (sections 293 and 295). This is based on the relevant chapters of the Code of Practice and it is intended that this guidance will be incorporated into the draft Code of Practice that reflects the updates in the 2015 Act.

Interim informal guidance is also available in relation to changes to regulations setting out arrangements for cross-border transfers of detained patients.