Mental Health (Care and Treatment) (Scotland) Act 2003 Remedial Order 2026: consultation - easy read
Easy read consultation paper on the Order to amend the Mental Health (Care and Treatment) (Scotland) Act 2003, extend the ability to specify "recorded matters" to patients subject to a Compulsion Order, Compulsion Order with Restriction Order, Hospital Direction and Transfer for Treatment Direction.
Closed
This consultation closed 23 March 2026.
View this consultation on consult.gov.scot, including responses once published.
Why is a change needed?
Recorded matters can only be used for people who have Compulsory Treatment Orders. Such orders allow for a person to be treated for their mental illness. The Tribunal decides when a Compulsory Treatment Order is granted.
The change would mean recorded matters could also be used for people who have Orders made by the court. This is when a person should be in hospital for mental health care and treatment.
Recorded Matters can also be used for people in prison who then transfer to hospital for mental health care and treatment. These are made by prison governors.
This is not fair for people who are on Orders made by the court and prison governors.
The plan is for the new rules to start in Autumn 2026.