Publication - Consultation paper
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.
Who does what?
Patient and Named Person:
- Can apply to the Tribunal to change, add or remove recorded matters for them.
Responsible Medical Officer:
- Checks recorded matters during reviews.
- Can suggest adding, changing or removing recorded matters.
- Must consult the Mental Health Officer.
- Tells the Mental Health Officer and the patient about any suggested changes, additions or removal.
- Tells the Tribunal if a recorded matter is not being provided.
Mental Health Officer:
- Helps to make decisions about suggested changes, additions or removal of recorded matters.
- Explains suggested changes, additions or removal to patients and gets their views.
- Sends reports to the Tribunal when asked.
Scottish Ministers:
- Tells the Tribunal when they want to make changes, additions or removal of recorded matters or when services are not being delivered.
- Get people’s views before asking the Mental Health Tribunal to make changes to orders.
- This is only relevant to patients on some orders made by the court or prison governors.
Mental Health Tribunal for Scotland:
- Can change, make additions or remove recorded matters.
- Can ask Mental Health Officers for more information when needed.
Mental Welfare Commission:
- Checks on all mental health orders including orders made by the court or prison governors.