Legislation and guidance
27 May 2020; Named Person - witnessing of signatures by prescribed persons. We have published guidance to take account of the temporary provision contained within the Coronavirus (Scotland) (No.2) Act.
This includes a form added in July 2021 for the nominee to complete.
Mental health legislation
The main mental health legislation in Scotland is the Mental Health (Care and Treatment) (Scotland) Act 2003, as amended by the Mental Health (Scotland) Act 2015.
Mental health legislation reviews
The Mental Health strategy 2017-2027 recognises the importance of human rights and as part of this we are currently reviewing various aspects of mental health and incapacity legislation use in Scotland.
We are considering whether new legislative measures are necessary to meet the distinct needs of people with learning disabilities or autism. We produced a report of our scoping exercise findings on learning disability and autism provision in the Mental Health (Scotland) Act 2003. An independent review of learning disability and autism in the Mental Health Act in Scotland is expected to report to Ministers at the end of 2019.
We have also announced a review of mental health legislation in Scotland, which follows on from the learning disability and autism review and reforms to the Adults with Incapacity (Scotland) Act 2000. The review is chaired by John Scott QC, supported by a mental health legislation review group. The main aim of the review is to improve the rights and protections of persons with a mental disorder. This is in line with our commitment to creating a modern, inclusive Scotland which protects, respects and realises internationally recognised human rights.
As part of the Mental Health (Scotland) Act 2015, we carried out a review of the arrangements for investigating the deaths of patients being treated for mental disorder. We published the final review report in December 2018.
We published an update on the mental health law review in December 2019.
Mental health guidance
Mental Health Act Forms
The Mental Welfare Commission for Scotland have produced mental health forms which are recommended for use under the Mental Health (Care and Treatment) (Scotland) Act 2003.
Mental health code of practice
Scottish Ministers have a duty to prepare, publish and revise a Code of Practice under the Mental Health (Care and Treatment) (Scotland) Act 2003.
The Code of Practice provides statutory guidance to professionals on their duties under the 2003 Act. Doctors, mental health officers and others exercising statutory functions under the Act, are under a duty to have regard to the Code.
The Code of Practice is published in 3 volumes:
- Mental Health (care and treatment)(Scotland) Act 2003: Code of Practice Volume 1
- Mental Health (care and treatment)(Scotland) Act 2003: Code of Practice Volume 2
- Mental Health (care and treatment)(Scotland) Act 2003: Code of Practice Volume 3
Mental health guidance for patients and others
We have produced separate guidance and information for service users (patients), their carers, families, advocates and others. Some of this guidance is still to be updated following changes made to the legislation by the Mental Health (Scotland) Act 2015.
Mental Health (Scotland) Act 2015 guidance
We have produced a summary of key provisions contained in the Mental Health (Scotland) Act 2015 as well as information on the 2015 Act for practitioner groups.
We have also produced the following interim guidance pending the statutory Code of Practice being updated:
- mental health law: guide to named persons
- mental health law: patient representation (named persons, advance statements and advocacy)
- mental health law: nurse's holding power
- mental health law: removal orders
- mental health law: suspension of detention
- mental health law: cross-border transfers
- mental health law: appeals against conditions of excessive security