Mental Health (Care & Treatment) (Scotland) Act 2003

Understanding Mental Health

The Mental Health (Care and Treatment) (Scotland) Act 2003 came into effect on 5th October 2005. It will affect the lives of many service users and carers and covers a wide range of issues including:

• Compulsory powers – setting out when people can be legally required to go into hospital, or to accept services or treatment that they may not want

• New rights and safeguards, including a right to access independent advocacy services

• The Mental Health Tribunal – which will hear cases under the Act

• Powers of the Mental Welfare Commission

• Duties on Health Boards and local authorities.

If you would like to know more about the act, please click on the links below which give guides on various aspects of the Act and individual components.

• An Introduction to The Mental Health (Care & Treatment) (Scotland) Act 2003

• The New Mental Health Act - A Short Introduction

• The New Mental Health Act - An Easy Read Guide

• An Introduction to the Mental Health Tribunal for Scotland

• A guide on Advance Statements

• A guide on Named Persons

• A guide on Emergency and Short Term Powers

• A guide on Compulsory Treatment Orders

• A guide on Independent Advocacy

• A guide on the Mental Welfare Commission

• A guide on The Roles and Duties of NHS Boards & Local Authorities

• A guide on the Appeals Process

• A guide on the Rights of Carers

• A guide to Consent to Treatment

• A guide on Putting the Principles into Practice

• A guide for people involved in Criminal Justice Proceedings

If you are concerned that your care and treatment is not in line with what the law says, please contact The Mental Welfare Commission for Scotland

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