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

Annex B : Summary of main proposed changes

Compulsion Orders:

• RMO review: During reviews of a CO, the RMO should assess whether any recorded matters require modification and notify the MHO of proposed changes.
• MHO role: The MHO must inform the patient and provide their views to the RMO on proposed changes to recorded matters.
• Applications to the Tribunal: Where statutory criteria are met, the RMO applies to the Tribunal to extend and/or vary a CO, including any recorded matters.
• Content of applications: Applications to the Tribunal must set out the proposed modifications to recorded matters and include the MHO’s views.
• Non‑provision of a Recorded Matter: If a Recorded Matter in a CO is not being provided, the RMO must refer the case to the Tribunal and notify relevant parties, being the patient, their named person, any guardian, any welfare attorney, the MWC and the MHO).
• Patient/Named Person rights: The patient and their named person may apply to the Tribunal to modify recorded matters.
• Tribunal powers: The Tribunal may vary a CO, including on an interim basis, by modifying recorded matters, and must specify any modifications it makes.
• Definition of “modify”: “Modify” includes adding, removing, amending, and specifying recorded matters in a CO (including specifying one where none was previously specified).

Compulsion Order and Restriction Orders:

• RMO review: During reviews of a patients CORO, the RMO must consider whether Recorded Matters should be modified including consulting the MHO and notifying them of proposed changes and any recommendation to Scottish Ministers to vary the order.
• MHO role: The MHO must interview and inform the patient about proposed changes, Scottish Ministers duties to refer to the Tribunal, the patient’s rights, and the availability of independent advocacy. The MHO must also take steps to allow the patient to access the service associated with the recorded matter and provide their views on the proposed change to be made (if they agree or disagree and providing reasons where they disagree) to the RMO (and Scottish Ministers where necessary).
• Non‑provision: If a recorded matter is not being provided, the RMO must consult the MHO and others as appropriate and submit a report to Scottish Ministers on the non‑provision (unless recommending revocation).
• Scottish Ministers action on RMO reports: On receiving the RMOs report, Scottish Ministers must refer the case to the Tribunal and notify the patient, named person, guardian, welfare attorney, RMO, MHO, and the MWC.
• Scottish Ministers review and applications: Where Scottish Ministers are satisfied the patient should remain subject to the CORO, Scottish Ministers must consider whether recorded matters should be varied, consult the MHO, RMO, and such other appropriate persons, notify the MHO of proposed changes, and—if satisfied—apply to the Tribunal to vary the recorded matter specified in the CORO.
• Non‑provision (Scottish Ministers reference): If Scottish Ministers believe a recorded matter is not being provided, they must consult relevant parties and make a reference to the Tribunal, notifying the patient, named person, guardian, welfare attorney, RMO, MHO, and the MWC.
• Tribunal request for MHO report: Where needed, the Tribunal may require an MHO report setting out their views on non‑provision and other relevant information, following a reference to the Tribunal by Scottish Ministers.
• Applications by patient/named person: The patient and their named person may apply to the Tribunal to modify recorded matters in the patients CORO (as well as the existing routes to revoke/vary).
• Tribunal powers: The Tribunal may vary a CORO by modifying recorded matters (and must specify any modifications in its order) and, in certain applications, are required to vary the CORO where satisfied the patient should remain subject to the order and recorded matters should be modified.
• Definition of “modify”: “Modify” includes adding, removing, amending, and specifying recorded matters in a CORO (including specifying one where none was previously specified).

Hospital Directions and Transfer for Treatment Directions:

• RMO review: Where the patient should remain subject to a direction, the RMO must consider whether any recorded matters in the direction should be modified.
• RMO duties to vary: If the RMO believes changes are needed, they must assess treatment needs, consult the MHO and appropriate persons, notify the MHO of proposed changes (and the recommendation to Scottish Ministers), and include any recommendation to vary recorded matters in the first and annual review reports to Scottish Ministers.
• Non‑provision: If a recorded matter in a direction is not being provided, the RMO must consult the MHO and others as appropriate and submit a report to Scottish Ministers on the non‑provision (unless recommending revocation).
• Scottish Ministers action on RMO reports: On receiving the RMOs report, Scottish Ministers must refer the case to the Tribunal and notify the patient, named person, guardian, welfare attorney, RMO, MHO, and the MWC.
• Scottish Ministers review and applications: Where Scottish Ministers are satisfied the patient should remain subject to the direction, Scottish Ministers must consider whether recorded matters should be varied, assess treatment needs, consult the MHO and RMO and such other appropriate persons, notify the MHO of proposed changes, and—if satisfied—apply to the Tribunal to vary the direction.
• Non‑provision (Scottish Ministers reference): If Scottish Ministers believe a recorded matter in the direction is not being provided, Scottish Ministers must consult relevant people and make a reference to the Tribunal, notifying the patient, named person, guardian, welfare attorney, RMO, MHO, and the MWC.
• Tribunal request for MHO report: Where needed, the Tribunal may require an MHO report setting out their views on non‑provision and other relevant information, following a reference to the Tribunal by Scottish Ministers.
• Applications by patient/named person: The patient and their named person may apply to the Tribunal to vary a direction by modifying recorded matters (in addition to existing rights to apply for revocation).
• Tribunal powers: The Tribunal may (and in specific applications must) vary a direction by modifying recorded matters and must specify any modifications in its order where it varies the direction.
• Definition of “modify”: “Modify” includes adding, removing, amending, and specifying Recorded Matters in a direction.