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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.


Annex A: Acronyms, Abbreviations and Definitions

  • CO: Compulsion Order – an order made by a court that orders detention in hospital or treatment in the community for an initial period of 6 months. It can be extended by the Tribunal for a further 6 months after which it can be extended annually.
  • CORO: Compulsion Order with Restriction Order – a restriction order can only be added to a compulsion order if a court thinks a person is a serious risk to the public. It orders detention in hospital without limit of time.
  • CTO: Compulsory Treatment Order – an order made by the Tribunal that allows a person to be treated for their mental illness. It can last up to 6 months, extended for a further 6 months then for periods of 12 months at a time.
  • ECHR: European Convention on Human Rights
  • Forensic Mental Health Orders: CO, CORO, HD, TTD
  • HD: Hospital Direction – a direction given by a court alongside a prison sentence that requires a person to be detained in hospital. The direction ends at the same time as the prison sentence.
  • Integration Authorities: Partnerships responsible for planning and commissioning integrated health and social care services under the Public Bodies (Joint Working) (Scotland) Act 2014. In most areas this is an Integration Joint Board (IJB) which prepares a strategic plan and issues directions to the Health Board and Local Authority to deliver delegated functions.
  • Local Authorities: Scotland’s 32 councils providing local public services (e.g. education, social care, housing, waste, planning). Under the 2003 Act they have duties including provision of care and support services, co‑operation with Health Boards, and appointment of Mental Health Officers.
  • MHO: Mental Health Officer - a registered social worker who has completed specialist training and has an additional qualification in mental health.
  • MWC: Mental Welfare Commission for Scotland – an independent statutory body that safeguards the rights and welfare of people with mental illness, learning disability, dementia and related conditions. The Commission monitors how the 2003 Act operates, carries out visits and investigations, publishes guidance and advice, and can raise matters with Scottish Ministers and others.
  • Named Person: Someone the patient chooses to help protect their interests. The named person can make important decisions if the patient is not able to decide themselves. It can be a relative or friend. An adult patient does not have to have a named person if they do not want one.
  • RMO: Responsible Medical Officer - a psychiatrist who must have required qualifications and experience and be approved by a Health Board as having special experience in the diagnosis and treatment of mental disorder.
  • Scottish Ministers: Members of the Scottish Government with statutory responsibilities under the 2003 Act for public protection and oversight in certain forensic cases (e.g. CORO, HD, TTD), including authorising specified transfers and leave, varying conditions of discharge, recalling patients from conditional discharge, and making references to the Tribunal where required.
  • The Tribunal: Mental Health Tribunal for Scotland - considers and determines applications for orders and directions under the Mental Health Act and operates in an appellate role to consider appeals against compulsory measures made under the Mental Health Act.
  • TTD: Transfer for Treatment Direction – a direction made by Scottish Ministers that allows someone serving a prison sentence to be transferred to hospital for mental health care and treatment. The direction ends at the same time as the prison sentence.

Contact

Email: forensicmentalhealthpolicy@gov.scot

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