Consultation on Updates to the Code of Practice for the Mental Health (Care and Treatment) (Scotland) Act 2003

Other changes to the Code of Practice

Two changes to volume 1 are also being proposed at this time to reflect legislative changes already made through the Mental Health (Scotland) Act 2015 (“the 2015 Act”).

The 2015 Act and its associated regulations made significant amendments to two processes within the 2003 Act: (i) cross-border transfer arrangements, and (ii) the system for applications to the Mental Health Tribunal for Scotland regarding detention in conditions of excessive security. These revised processes have been in place for several years and are now well understood by services and practitioners. The opportunity is now being taken to update volume 1 of the Code of Practice so that it reflects these legislative changes and provides clear guidance on the processes as they currently operate.

The purpose of this consultation is therefore not to introduce new processes, nor to signal any intention to make further changes to legislation or operational systems at this time. Instead, the objective is to ensure that the Code of Practice accurately reflects the law as it stands and supports practitioners, people with lived experience, carers and services through clear, up‑to‑date guidance.

Two chapters have been updated for this purpose:

• Chapter 14: Cross‑Border Transfers – revised to reflect the changes introduced through the 2015 Act, the Mental Health (Cross‑border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Amendment Regulations 2017 and the Mental Health (Cross‑border transfer: patients subject to requirements other than detention) (Scotland) Regulations 2017. These amendments include updated pathways for transfers into and out of Scotland, and procedural requirements for responsible medical officers, mental health officers, hospital managers and the Scottish Ministers.
• Chapter 17 (new): Detention in Conditions of Excessive Security – a new chapter providing guidance on the statutory framework for applications to the Tribunal seeking an order declaring that a patient is being detained in conditions of excessive security, as enabled by the 2015 Act and the Mental Health (Detention in Conditions of Excessive Security) (Scotland) Regulations 2015.

The Scottish Government welcomes feedback from individuals, organisations and professionals to ensure that the revised guidance is clear, accurate and useful for all who rely on it.