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Mental Health (Care and Treatment) (Scotland) Act 2003 Remedial Order 2026: consultation paper

Consultation paper on the Order to amend the Mental Health (Care and Treatment) (Scotland) Act 2003, to 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.


Purpose

This document gives public notice of the proposed draft Mental Health (Care and Treatment) (Scotland) Act 2003 Remedial Order 2026 (“the 2026 Proposed Draft Order”) under section 13(3)(b) of the Convention Rights Compliance (Scotland) Act 2001. This document also seeks written observations on the 2026 Proposed Draft Order.

All observations will be considered by Scottish Ministers. The consultation will be live from 23 January 2026 till 23 March 2026. The final date for written observations will be 23 March 2026 and we therefore ask that your response is received by this date. As soon as practicable after this date, we intend to lay a statement before the Scottish Parliament together with a draft Mental Health (Care and Treatment) (Scotland) Act 2003 Remedial Order 2026. That statement will summarise all the observations received and will also specify whether or not any modifications have been made to the draft Order and the reasons for those changes.

Contact

Email: forensicmentalhealthpolicy@gov.scot

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