http://www.legislation.gov.uk/asp/2003/13/part/2Mental Health (Care and Treatment) (Scotland) Act 2003An Act of the Scottish Parliament to restate and amend the law relating to mentally disordered persons; and for connected purposes.texttext/xmlenStatute Law Database2024-05-20Expert Participation2024-04-17Mental Health (Care and Treatment) (Scotland) Act 2003s. 64(8A)(8B)Mental Health (Scotland) Act 2015s. 1(2)s. 61(2)Mental Health (Care and Treatment) (Scotland) Act 2003s. 65(7)Mental Health (Scotland) Act 2015s. 1(3)s. 61(2)Part 2The Mental Welfare Commission for Scotland<Emphasis>Continued existence of Commission</Emphasis>The Mental Welfare Commission for Scotland41There shall continue to be a body corporate known as the Mental Welfare Commission for Scotland (in this Act referred to as “the Commission”).2The Commission shall discharge such functions as are conferred on it by virtue of—athis Act;bthe Adults with Incapacity (Scotland) Act 2000 (asp 4); andcany other enactment.2AIn so discharging its functions, the Commission shall act in a manner which seeks to protect the welfare of persons who have a mental disorder.3Schedule 1 to this Act (which makes provision as respects the Commission) shall have effect.National Confidential Forum4ZA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .General functions of NCF4ZB. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Carrying out NCF functions4ZC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Modifications in relation to NCF4ZD. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis><Addition ChangeId="key-56dbaf1cd6d944e39a19162be7cbb9dc-1477077804173" CommentaryRef="key-56dbaf1cd6d944e39a19162be7cbb9dc">Commission Visitors</Addition></Emphasis><Addition ChangeId="key-56dbaf1cd6d944e39a19162be7cbb9dc-1477077804173" CommentaryRef="key-56dbaf1cd6d944e39a19162be7cbb9dc">Commission Visitors</Addition>4A1Commission Visitors are to exercise the functions conferred on them by this Act or any other enactment on behalf of the Commission.2Commission Visitors may, in addition to the other functions conferred in this Part, exercise the functions of the Commission mentioned in—asection 8A of this Act;bsection 9(1)(d) of the Adults with Incapacity (Scotland) Act 2000 (asp 4).3The Commission may give the Commission Visitors directions of a general or specific nature in relation to the exercise of the functions conferred on them.4A Commission Visitor must—acomply with any direction given under subsection (3); andbact in accordance with any guidance issued by the Commission in relation to the exercise of the functions of Commission Visitors.5A Commission Visitor acting in the exercise of any function must, if required, produce evidence of the Commission Visitor's authority.6In this Act, “Commission Visitors” are persons appointed under paragraph 7A(1) or (2) of schedule 1 to this Act.<Emphasis>General duties</Emphasis>Duty to monitor operation of Act and promote best practice5The Commission shall—amonitor the practical application of the observance of Part 1 of this Act; andbpromote best practice in relation to the practical application of the observance of Part 1 of this Act.Reporting on operation of Act6The Commission shall bring to the attention of the Scottish Ministers such matters concerning the operation of this Act as the Commission considers ought to be brought to their attention.<Emphasis>Particular functions</Emphasis>Duty to bring matters generally to attention of Scottish Ministers and others7The Commission shall bring to the attention of—athe Scottish Ministers;ba local authority;ca Health Board;da Special Health Board;ea National Health Service trust;eaHealthcare Improvement Scotland;fSocial Care and Social Work Improvement Scotland;gsuch other person, or group of persons, as it considers appropriate,any matter of general interest or concern as respects the welfare of any persons who have a mental disorder which is a matter that the Commission considers ought to be brought to their attention.Duty to bring specific matters to attention of Scottish Ministers and others <Abbreviation Expansion="et cetera" xml:lang="la">etc.</Abbreviation>81If it appears to the Commission that a relevant person has, or may have, powers or duties, the exercise or performance of which might prevent or remedy or assist in preventing or remedying, as respects a person who has a mental disorder, any of the circumstances mentioned in subsection (2) below, the Commission shall—abring the facts of the person’s case to the attention of the relevant person; andbif it considers it appropriate to do so, make recommendations as respects the case to the relevant person.2Those circumstances are—athe circumstances mentioned in section 11(2)(a), (d), (e) or (f) of this Act;bthat—ithe patient is detained in hospital and the detention is authorised by virtue of this Act or the 1995 Act; andiithere may be some impropriety in relation to that detention.3For the purposes of subsection (1) above, “relevant person” means—athe Scottish Ministers;bthe Public Guardian;ca local authority;da Health Board;ea Special Health Board;fa National Health Service trust;ga mental health officer;ha responsible medical officer;ithe managers of a registered care service;jthe managers of—ia prison; oriia young offenders institution;jaHealthcare Improvement Scotland;kSocial Care and Social Work Improvement Scotland;lathe Police Service of Scotland;msuch other person, or group of persons, as the Commission considers appropriate.4In subsection (3)(i) above, “registered care service” means a care service registered under Part 5 of the Public Services Reform (Scotland) Act 2010 (asp 8).<Addition ChangeId="key-54267794eabf61b37661ab33cab35c68-1477077971633" CommentaryRef="key-54267794eabf61b37661ab33cab35c68">Duty to raise service concerns with certain bodies</Addition>8A1The Commission shall, as it considers appropriate, raise any concerns (of a general or specific nature) about the provision of any service mentioned in subsection (2) as respects a person who has a mental disorder, with—aSocial Care and Social Work Improvement Scotland;bHealthcare Improvement Scotland; orcsuch other relevant persons, or group of persons.2The services are—aany social service (within the meaning of Part 5 of the Public Services Reform (Scotland) Act 2010 (asp 8));bhealth care (within the meaning of section 10A of the National Health Service (Scotland) Act 1978 (c. 29)).3In subsection (1), the “provision” of any service includes the organisation or co-ordination of any such service.Duty to give advice91The Commission shall give advice to any person mentioned in subsection (2) below on any matter arising out of this Act which has been referred to the Commission, with its agreement, by that person.2Those persons are—athe Scottish Ministers;ba local authority;ca Health Board;da Special Health Board;daHealthcare Improvement Scotland;eSocial Care and Social Work Improvement Scotland;fthe Scottish Public Services Ombudsman.<Addition ChangeId="key-933b35eabb9c39bb818d7666664e6ed9-1477077995963" CommentaryRef="key-933b35eabb9c39bb818d7666664e6ed9">Duty to give advice: further provision</Addition>9AThe Commission shall when asked to do so provide advice, so far as is reasonable, to any person about any matters relevant to the functions of the Commission.Publishing information, guidance etc.101Subject to subsection (2) below, the Commission may publish information or guidance about any matter relevant to its functions and, without prejudice to that generality, may publish information or guidance as respects—aits conclusions in relation to—ian investigation under section 11(1) of this Act; oriian inquiry under section 12(1) of this Act;bits conclusions in relation to any action taken (or not taken) in relation to such conclusions; orcmatters which it considers arise or come to light (or have arisen or come to light) in the course of—isuch investigations or inquiries; oriivisits under section 13(1) or (3) of this Act.2The Commission may, with the agreement of a person mentioned in subsection (2) of section 9 of this Act, publish advice which it gives under subsection (1) of that section to that person.3The Commission may, with the agreement of a person to whom advice is provided under section 9A, publish that advice.Investigations111If it appears to a Commission Visitor that any of the circumstances mentioned in subsection (2) below apply in respect of a patient, the Commission Visitor may—acarry out such investigation as the Commission Visitor considers appropriate into the patient’s case; andbmake such recommendations as the Commission Visitor considers appropriate as respects the case.1AWhere it is brought to the attention of the Commission that any of the circumstances mentioned in subsection (2) below may apply in respect of a patient, the Commission may—adirect a Commission Visitor to carry out such investigation as the Commission considers appropriate into the patient's case; andbhaving consulted the Visitor after the investigation, make such recommendations as it considers appropriate as respects the case.2Those circumstances are—athat the patient may be unlawfully detained in hospital;bthat the patient is detained in hospital and the detention is authorised by virtue of—ithis Act; oriithe 1995 Act;cthat the patient, though not detained in hospital, is subject to—ia compulsory treatment order;iian interim compulsory treatment order;iiian emergency detention certificate;iva short-term detention certificate;va compulsion order;vian interim compulsion order;viian assessment order;viiia treatment order;ixa hospital direction; orxa transfer for treatment direction;dthat the patient may be, or may have been, subject, or exposed, to—iill-treatment;iineglect; oriiisome other deficiency in care or treatment;ethat, because of the mental disorder, the patient’s property—imay be suffering, or may have suffered, loss or damage; oriimay be, or may have been, at risk of suffering loss or damage;fthat the patient may be—iliving alone or without care; andiiunable to look after himself or his property or financial affairs.Investigations: further provision121The Commission may, if it considers it appropriate to do so, cause an inquiry to be held for the purpose of carrying out an investigation, in relation to any of the circumstances mentioned in section 11(2) of this Act, into any case.2The Commission—amay appoint such person (or persons) as it considers appropriate to chair or to conduct any such inquiry and to report to it on the findings of any such inquiry; andbmay pay to a person appointed by it under paragraph (a) above such—iremuneration; andiiexpenses,as it may, with the consent of the Scottish Ministers, determine.3A person appointed to chair any such inquiry—amay, by notice, require any person to attend and give evidence at a time and place set out in the notice; andbmay administer oaths and examine witnesses on oath and may accept, in place of evidence on oath by a person, evidence on affirmation or a statement in writing by the person.4A person required, by virtue of notice under subsection (3)(a) above, to attend and give evidence for the purposes of an inquiry under subsection (1) above—ashall not be obliged to attend and give evidence as required in the notice unless the necessary expenses of attendance are paid or tendered to the person; andbshall not be obliged at the inquiry to answer a question which the person would be entitled to decline to answer, on the ground of privilege or confidentiality, if the question were asked in the course of proceedings in a court.5Proceedings in an inquiry under this section shall have the privilege of proceedings in a court.6The Commission shall pay to a person required by notice under subsection (3)(a) above to attend for the purposes of an inquiry under subsection (1) above such expenses as it considers appropriate.7A person—awho is required to attend for the purposes of an inquiry by virtue of notice under subsection (3)(a) above; andbwho refuses or wilfully neglects to attend or, subject to subsection (4)(b) above, to give evidence,shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.Visits in relation to patients131The Commission shall secure that a Commission Visitor visits, as often as the Commission Visitor considers it appropriate to do so, such patients who fall within the categories mentioned in subsection (2) below as the Commission Visitor considers appropriate.2Those categories are—apatients who are detained in hospital and whose detention is authorised by virtue of—ithis Act; oriithe 1995 Act;bpatients who, though not detained in hospital, are subject to—ia compulsory treatment order;iian interim compulsory treatment order;iiian emergency detention certificate;iva short-term detention certificate;va compulsion order;vian interim compulsion order;viian assessment order;viiia treatment order;ixa hospital direction; orxa transfer for treatment direction;cpatients who are subject to—ian intervention order of which the Commission has been notified under section 53(10)(b) of the Adults with Incapacity (Scotland) Act 2000 (asp 4); oriia guardianship order of which the Commission has been notified under section 58(7)(d) of that Act;dpatients in respect of whom a person is a guardian by virtue of sub-paragraph (4), (5), (6) or (7) of paragraph 1 of schedule 4 to the Adults with Incapacity (Scotland) Act 2000 (asp 4); andepatients who have granted, in accordance with section 16 of that Act, a welfare power of attorney, a copy of which has been sent to the Commission under section 19(2)(c) of that Act.3If it appears to the Commission that patients—amay be resident, or may be receiving medical treatment, in premises mentioned in subsection (4) below; orbmay use facilities provided in such premises,a Commission Visitor may visit such premises for ... the purposes mentioned in subsection (5A) below.4Those premises are—aa health service hospital (as defined in section 108(1) of the National Health Service (Scotland) Act 1978 (c. 29));bpremises in which—ian independent health care service is provided;iia care home service is provided; oriiia secure accommodation service is provided;cpremises provided by a local authority for the purpose of their duty under section 26 of this Act;da prison; andea young offenders institution.5AThe purposes are—ato provide an opportunity for any patient who may for the time being be present in the premises to meet a Commission Visitor and discuss with the Visitor any concerns that the patient may have; andbto assess whether the requirements of such patients in relation to this Act, the Adults with Incapacity (Scotland) Act 2000 (asp 4) and other relevant legislation are being met.5BA Commission Visitor may, when visiting premises under subsection (3), conduct an assessment of the suitability of the premises (and its facilities) in relation to the requirements of the patients (or any one of them).6A visit under subsection (1) or (3) above may be made with or without prior notification.7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8In—asubsection (4)(b)(ii) above, “care home service” has the meaning given to that expression by paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8); andbsubsection (4)(b)(iii) above, “secure accommodation service” has the meaning given to that expression by paragraph 6 of schedule 12 to that Act.Interviews141A Commission Visitor may, in connection with the discharge by the Commission of any of its functions under this Act or the Adults with Incapacity (Scotland) Act 2000 (asp 4)—ainterview—iany patient; oriiany other person that the Commission Visitor considers it appropriate to interview; andbrequire any such interview to be conducted in private.2Without prejudice to the generality of subsection (1) above—aa Commission Visitor conducting a visit under subsection (1) of section 13 of this Act shall afford an opportunity, on request, during the visit, to—ithe patient who is the subject of the visit; andiiother patients whose presence in the premises where the visit takes place is known to the Commission Visitor,to be interviewed in private by the Commission Visitor; andba Commission Visitor conducting a visit under subsection (3) of that section shall afford an opportunity, on request, during the visit, to patients whose presence in the premises that are being visited is known to the Commission Visitor, to be so interviewed.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Medical examination151A Commission Visitor may, in connection with the discharge by the Commission of any of its functions under—athis Act; orbthe Adults with Incapacity (Scotland) Act 2000 (asp 4),carry out in private a medical examination of a patient.1AOnly a Commission Visitor who has also been appointed as a Medical Visitor may exercise the functions under subsection (1).2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Inspection etc. of records161A person authorised by the Commission (an “authorised person”) or Commission Visitor may, in connection with the discharge by the Commission of any of its functions under—athis Act; orbthe Adults with Incapacity (Scotland) Act 2000 (asp 4),require any person holding medical or other records of a patient to produce them for inspection by the authorised person or, as the case may be, the Commission Visitor.2An authorised person shall be—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ba member of the staff of the Commission.3An authorised person proposing to exercise the power conferred by subsection (1) above shall, if requested to do so, produce an authenticated document showing that the authorised person is ... a member of staff of the Commission.Duties of Scottish Ministers, local authorities and others as respects Commission171The persons mentioned in subsection (2) below shall afford the Commission, any Commission Visitor, or a person authorised by the Commission, all facilities necessary to enable the Commission, or that person, to discharge the Commission's, or (as the case may be) that person's, functions under this Act.2Those persons are—athe Scottish Ministers;ba local authority;ca Health Board;da Special Health Board;ea National Health Service trust;fathe Police Service of Scotland;gthe managers of a registered care service;hthe managers of—ia prison; oriia young offenders institution;haHealthcare Improvement Scotland;iSocial Care and Social Work Improvement Scotland;jthe Scottish Public Services Ombudsman; andksuch other persons as may be prescribed by regulations.3In subsection (2)(g) above, “registered care service” has the meaning given by section 8(4) of this Act.Annual Report181The Commission shall, as soon as practicable after the end of each financial year of the Commission, submit to the Scottish Ministers, a report on the discharge of its functions during that year.2The Scottish Ministers shall lay before the Scottish Parliament a copy of each report submitted to them under subsection (1) above.3The financial year of the Commission is the period of 12 months ending with 31st March.Statistical information191The Commission shall ... provide the Ministers with, and publish, statistical or other information of such kind as may be prescribed in regulations relating to the discharge of its functions.2Before making regulations under subsection (1) above, the Scottish Ministers shall consult such persons as they consider appropriate.Protection from actions of defamation201For the purposes of the law of defamation, any statement made in pursuance of any of sections 6, 7 to 10 and 18(1) of this Act by the Commission, or any of its employees, shall be privileged unless such statement is shown to be made with malice.2In this section—“statement” has the same meaning as in the Defamation Act 1996 (c. 31); and“employees” shall be construed in accordance with paragraph 7 of schedule 1 to this Act.S. 4(3) in force at 1.7.2003 for specified purposes by S.S.I. 2003/316, art. 2S. 15 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1S. 17 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1S. 4(1)(2) in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)S. 4(3) in force at 5.10.2005 in so far as not already in force by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)S. 5 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)S. 6 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)S. 7 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)S. 8 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)S. 9 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)S. 10 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)S. 11 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)S. 12 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)S. 13 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)S. 14 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)S. 15 in force at 5.10.2005 in so far as not already in force by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)S. 16 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)S. 17 in force at 5.10.2005 in so far as not already in force by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)S. 18 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)S. 19 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)S. 20 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)S. 4(2A) inserted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(2), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.S. 4A and crossheading inserted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(3), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.Words in s. 5(a) substituted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(4)(a), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.Words in s. 5(b) substituted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(4)(b), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.S. 8A inserted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(5), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.S. 9A inserted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(6), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.S. 10(3) added (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(7), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.Words in s. 11(1) substituted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(8)(a)(i), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.Word in s. 11(1) inserted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(8)(a)(ii), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.Words in s. 11(1)(a) substituted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(8)(a)(iii), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.Words in s. 11(1)(b) substituted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(8)(a)(iv), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.S. 11(1A) inserted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(8)(b), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.Words in s. 12(1) substituted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(9), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.Words in s. 13(1) substituted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(10)(a)(i), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.Word in s. 13(1) inserted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(10)(a)(ii), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.Words in s. 13(1) substituted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), 111(10)(a)(iii), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.Words in s. 13(3) substituted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), 111(10)(b)(i), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.Words in s. 13(3) repealed (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), 111(10)(b)(ii), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.Words in s. 13(3) substituted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), 111(10)(b)(iii), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch. S. 13(5A)(5B) substituted for s. 13(5) (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(10)(c), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch. S. 13(7) repealed (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(10)(d), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch. Words in s. 13(8)(a) substituted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(10)(e)(a), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch. Words in s. 13(8)(b) substituted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(10)(e)(b), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.Words in s. 14(1) substituted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(11)(a), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.Words in s. 14(1)(a)(ii) substituted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(11)(b), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.Words in s. 14(2)(a) substituted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(11)(c)(i), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.Words in s. 14(2)(a)(ii) substituted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(11)(c)(ii), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.Words in s. 14(2)(a) substituted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(11)(c)(iii), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.Words in s. 14(2)(b) substituted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(11)(d)(i), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.Words in s. 14(2)(b) substituted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(11)(d)(ii), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.S. 14(3) repealed (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(11)(e), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.Words in s. 15(1) substituted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(12)(a), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.S. 15(1A) inserted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(12)(b), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.S. 15(2)(3) repealed (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(12)(c), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.Words in s. 16(1) inserted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(13)(a)(i), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.Words in s. 16(1) added (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(13)(a)(ii), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.S. 16(2)(a) repealed (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(13)(b), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.Words in s. 16(3) repealed (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(13)(c), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.Words in s. 17 inserted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(14), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.S. 7(f) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 14; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.S. 8(3)(k) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 15; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.S. 9(2)(e) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 16; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.S. 17(2)(i) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 17; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.S. 7(ea) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 17 para. 28; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.S. 8(3)(ja) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 17 para. 29; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.S. 9(2)(da) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 17 para. 30; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.S. 17(2)(ha) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 17 para. 31; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.Words in s. 8(4) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 1 para. 13(2)S. 8(3)(la) substituted for s. 8(3)(l) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 23(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)S. 17(2)(fa) substituted for s. 17(2)(f) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 23(3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)Pt. 2 excluded (6.4.2016) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 2(4)(5) (with Sch. 1 paras. 8, 14); S.I. 2016/464, art. 2(c)Words in s. 19 repealed (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 36(2)(a), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 18)Words in s. 19 inserted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 36(2)(b), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 18)S. 19 renumbered as s. 19(1) (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 36(2)(c), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 18)S. 19(2) inserted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 36(2)(d), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 18)Ss. 4ZA-4ZD repealed (28.6.2021) by Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (asp 15), s. 109(2), sch. 2 para. 4(2); S.S.I. 2021/234, reg. 2, sch.
