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.
Impact Assessments
Amendments to the 2003 Act are required to address a current ECHR incompatibility. While working on the exact amendments needed to the legislation, the impacts on equalities (EQIA), children’s rights and wellbeing (CRWIA) as well as business and regulation (BRIA) have been considered and these partial impact assessments have been published alongside this consultation. These documents contain more detailed information on anticipated impacts of the 2026 Proposed Draft Order and should be considered to be part of the consultation.
Following the conclusion of the consultation, all responses will be carefully analysed and the impact assessments may be amended as a result of the responses.
Legislation
A copy of the Mental Health (Care and Treatment) (Scotland) Act 2003 and the Mental Health (Compulsion orders - documents and reports to be submitted to the Tribunal) (Scotland) Regulations 2005 can be found at:
- Mental Health (Care and Treatment) (Scotland) Act 2003
- The Mental Health (Compulsion orders – documents and reports to be submitted to the Tribunal) (Scotland) Regulations 2005
Consultation questions
- Q1: Do you have any views on the proposed application rights for patients and their named person?
- Q2: Do you have any comments on the proposed duties and powers across all parties involved in reviews, including RMOs, MHOs, Scottish Ministers, the Tribunal and the MWC?
- Q3: What, if any, operational challenges do you foresee for services, and how might these be mitigated (e.g. training, guidance, forms)?
- Q4: What impacts - positive or negative - do you anticipate for people with lived experience, families and carers?
- Q5: In relation to the interim Equality Impact Assessment, please tell us about any potential impacts you think there may be on protected characteristics?
- Q6: In relation to the Child Rights and Wellbeing Impact Assessment, please tell us about any potential impacts you think there may be on children’s wellbeing?
- Q7: In relation to the partial Business Regulatory Impact Assessment, please tell us about any potential impacts you think there may be to particular businesses or organisations?
- Q8: What do you think about how the changes will be introduced and when they will start?
- Q9: In your view, are there any unintended consequences that could arise as a result of changes to the 2003 Act?
- Q10: Do you have any other comments on the 2026 Proposed Draft Order?
What happens next and the legal procedure
After the consultation closes, responses will be analysed and a statement will be laid before the Scottish Parliament summarising observations received and setting out any consequential changes made to the 2026 Proposed Draft Order.
A second draft order will then be laid for approval in the Scottish Parliament. The revised order will be re-laid on 4 September 2026, with commencement of the changes on 12 November 2026.