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DRAFT Mental Health (Scotland) Bill

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Contents

Part 1 The Mental Welfare Commission for Scotland
Continued existence of Commission
1 The Mental Welfare Commission for Scotland
General duties
2 Duty to monitor operation of Act, promote best practice etc.
Particular functions
3 Duty to bring matters generally to attention of Scottish Ministers and others
4 Duty to bring specific matters to attention of Scottish Ministers and others etc.
5 Duty to give advice
6 Publishing information, guidance etc.
7 Power of inquiry
8 Inquiry: taking evidence etc.
9 Visiting persons who have a mental disorder
10 Interviews
11 Medical examination and inspection etc. of records
12 Duties of Scottish Ministers, local authorities and others as respects Commission
13 Annual reports
14 Statistical information

Part 2 The Mental Health Tribunal for Scotland
15 The Mental Health Tribunal for Scotland

Part 3 Local authority and health board duties
Chapter 1 Local authority duties
16 Care and support services etc.
17 Services designed to promote well-being and social development
18 Assistance with travel
19 Relationship with general duties under 1968 and 1995 Acts
20 Co-operation with Health Boards and others
21 Assistance from Health Boards and National Health Service trusts
22 Appointment of mental health officers
Chapter 2 Health board duty
23 Approved medical practitioners

Part 4 Compulsory treatment
Chapter 1 Emergency detention
24 Emergency detention in hospital
25 Nurse's power to detain pending examination
26 Emergency detention: further provisions
Chapter 2 Short-term detention
27 Short-term detention in hospital
28 Short-term detention certificates
29 Short-term detention: notification
30 Short-term detention: first extension
31 Short-term detention: further extension
32 Short-term detention: application for discharge
Chapter 3 Long-term treatment
Pre-application procedures
33 Mental health officer's duty to apply for compulsory treatment order
34 Application for compulsory treatment order: notification
35 Meaning of "appropriate medical recommendation"
36 Appropriate medical recommendations: requirements
37 Appropriate medical recommendations: additional information
38 Mental health officer's duty to prepare report
39 Mental health officer's duty to prepare care plan
Compulsory treatment order: application
40 Application for compulsory treatment order
41 Powers of Tribunal on application under section 40
42 Measures authorised by compulsory treatment order
43 Mental health officer's duty to prepare social circumstances report
Compulsory treatment order: review
44 Review of compulsory treatment order
45 Review of determination under section 44(5)
46 Review by Tribunal of certain determinations under sections 44(5), 45(4) and 50(4)
47 Review of determinations under sections 45(4) and 50(4)
48 Powers of Tribunal on application made by virtue of section 47
49 Extension pending determination of application under section 47
50 Review of order made under section 48(3)(a)
51 Responsible medical officer's duty to review measures authorised in respect of persons
Compulsory treatment order: revocation, variation etc.
52 Revocation, variation etc. of compulsory treatment order: responsible medical officer
53 Revocation, variation etc. of compulsory treatment order: Tribunal
54 Suspension of order
55 Application by patient for variation, or revocation, of order
56 Access to medical practitioner

Part 5 Mentally disordered persons: criminal proceedings
57 Mentally disordered persons subject to criminal proceedings: assessment and treatment
58 Mentally disordered offenders: interim compulsion orders
59 Mentally disordered offenders: compulsion orders
60 Transfer of prisoners for treatment for mental disorder
61 Review of detention of restricted patients
62 Right of restricted patient and named person to apply for review
63 Duty of responsible medical officer in relation to restricted patients
64 Power of Commission in relation to restricted patients
65 Duty of Scottish Ministers in relation to restricted patients
66 Review of detention of restricted patients
67 Recall of restricted patients from conditional discharge

Part 6 Medical treatment
Designated medical practitioners
68 Designated medical practitioners
Medical treatments to which safeguards apply
69 Certain surgical operations etc.
70 Treatment mentioned in section 69: patients capable of consenting
71 Treatment mentioned in section 69: patients incapable of consenting
72 Electro-convulsive therapy etc.
73 Treatment mentioned in section 72: patients incapable of consenting
74 Treatments given over period of time etc.
75 Treatment mentioned in section 74: patients capable of consenting
76 Treatment mentioned in section 74: patients refusing consent or incapable of consenting
77 Certificates under sections 70, 73 and 76
78 Scope of consent or certificate
79 Sections 70, 71, 73 and 76: review of treatment etc.
Compulsory medical treatment
80 Compulsory medical treatment: general
81 Urgent medical treatment

Part 7 Patient representation
Named persons
82 Meaning of "named person"
83 Named person in relation to child
84 Declaration in relation to named person
85 Meaning of "nearest relative"
Advocacy
86 Advocacy

Part 8 Miscellaneous
Code of practice
87 Code of practice
Information
88 Provision of information to patient
89 Provision of assistance to patient with communication difficulties
Education
90 Education of persons who have mental disorder
Communications, security etc.
91 Correspondence of certain patients detained in hospital
92 Correspondence: supplementary
93 Review of decision to withhold postal packet
94 Certain patients detained in hospital: use of telephones
95 Safety and security in hospitals
Removal to place of safety
96 Power to remove mentally disordered person to place of safety

Part 9 General
97 Orders, regulations and rules
98 Meaning of "mental disorder"
99 Interpretation
100 Short title and commencement

Schedule 1 -The Mental Welfare Commission for Scotland
Schedule 2 -The Mental Health Tribunal for Scotland

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