Implementation of the Mental Health (Scotland) Act 2015: consultation, part 2

Second consultation on the implementation of the Mental Health (Scotland) Act 2015 focusing on cross-border transfer regulations, regulations relating to absconding patients and transitional and savings provisions.


Chapter 5 - Impact Assessments

We are considering the impact of implementing the Act and associated secondary legislation.

An Equalities Impact Assessment ( EQIA) will help us understand policy impacts on people because of their age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. This will allow us to identify (and mitigate) negative impacts and proactively look for opportunities to promote equality. Under the Equality Act 2010, the definition of disability includes where learning disabilities, mental health conditions or autism (which are all included in the definition of mental disorder in the 2003 Act and therefore relevant to these proposals) has a substantial and long-term adverse effect on the ability to carry out normal day-to-day activities

A Business Regulatory Impact Assessment ( BRIA) will allow us to assess the likely financial costs and benefits and the associated risks of the proposals that might have an impact on the public, private or third sector.

A Children's Rights and Wellbeing Assessment ( CRIA) will allow us to assess whether the proposals will advance the realisation of children's rights in Scotland and protect and promote the wellbeing of children and young people.

A Privacy Impact Assessment ( PIA) will allow us to identify and address the potential privacy impacts of these proposals.

Question 23 - Do you think any of the proposals set out in this consultation will have an impact, positive and negative, on equalities as set out above and if so, what impact do you think that will be?

Question 24 - What implications (including potential costs) will there be for business and public sector delivery organisations from these proposals?

Question 25 - Do you think any of these proposals will have an impact, positive and negative, on children's rights and if so, what impact do you think that will be?

Question 26 - Do you think any of these proposals will have an impact, positive and negative, on privacy and if so, what impact do you think that will be?

Contact

Email: Eleanor Stanley, mentalhealthlaw@gov.scot

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