Legislation in Scotland

You can find a full chronology of mental health legislation in the UK here.

Acts of the Scottish Parliament (Primary Legislation)

  • Mental Health (Scotland) Act 2015.
    • Changes to other legislation:
      • Criminal Procedure (Scotland) Act 1995.
      • Crime and Punishment (Scotland) Act 1997.
      • Criminal Justice (Scotland) Act 2003.
      • Mental Health (Care and Treatment) (Scotland) Act 2003.
  • Mental Health (Care and Treatment) (Scotland) Act 2003.
    • Changes to other legislation:
      • Social Work (Scotland) Act 1968.
      • Local Government (Scotland) Act 1973.
      • National Health Service (Scotland) Act 1978.
      • Education (Scotland) Act 1980.
      • Mental Health (Scotland) Act 1984.
      • Law Reform (Miscellaneous Provisions) (Scotland) Act 1985.
      • Disabled Persons (Services, Consultation and Representation) Act 1986.
      • Children Act 1989.
      • National Health Service and Community Care Act 1990.
      • Access to Health Records Act 1990.
      • Mental Health (Detention) (Scotland) Act 1991.
      • Further and Higher Education (Scotland) Act 1992.
      • Tribunals and Inquiries Act 1992.
      • Prisoners and Criminal Proceedings (Scotland) Act 1993.
      • State Hospitals (Scotland) Act 1994.
      • Children (Scotland) Act 1995.
      • Criminal Law (Consolidation) (Scotland) Act 1995.
      • Criminal Procedure (Consequential Provisions) (Scotland) Act 1995.
      • Criminal Procedure (Scotland) Act 1995.
      • Mental Health (Patients in the Community) Act 1995.
      • Crime (Sentences) Act 1997.
      • Crime and Punishment (Scotland) Act 1997.
      • Sex Offenders Act 1997.
      • Crime and Disorder Act 1998.
      • Mental Health (Public Safety and Appeals) (Scotland) Act 1999.
      • Health Act 1999.
      • Mental Health (Amendment) (Scotland) Act 1999.
      • Immigration and Asylum Act 1999.
      • Adults with Incapacity (Scotland) Act 2000.
      • Regulation of Care (Scotland) Act 2001.
      • Housing (Scotland) Act 2001.
      • International Criminal Court (Scotland) Act 2001.
      • Community Care and Health (Scotland) Act 2002.
      • Scottish Public Services Ombudsman Act 2002.
  • Mental Health (Public Safety and Appeals) (Scotland) Act 1999 (Repealed).

Scottish Statutory instruments (Secondary Legislation)

  1. The Mental Health (Scotland) Act 2015 (Commencement No. 5 and Transitional Provisions) Order 2017.
  2. The Mental Health (Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations 2017.
  3. The Mental Health (Cross-border Visits) (Scotland) Amendment Regulations 2017.
  4. The Mental Health (Cross-border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Amendment Regulations 2017.
  5. The Mental Health (Scotland) Act 2015 (Commencement No. 4 and Transitional and Savings Provisions) Order 2017.
  6. The Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 2017.
  7. The Mental Health (Patient Representation) (Prescribed Persons) (Scotland) Regulations 2017.
  8. The Mental Health (Conflict of Interest) (Scotland) Regulations 2017.
  9. The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2017.
  10. The Mental Health (Scotland) Act 2015 (Commencement No. 3) Order 2017.
  11. The Mental Health (Scotland) Act 2015 (Commencement No. 2) Order 2015.
  12. The Mental Health (Detention in Conditions of Excessive Security) (Scotland) Regulations 2015.
  13. The Mental Health (Scotland) Act 2015 (Commencement No. 1, Transitional and Saving Provisions) Order 2015.
  14. The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2015.
  15. The Mental Health (Safety and Security) (Scotland) Amendment Regulations 2012.
  16. The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2012.
  17. The Mental Welfare Commission for Scotland (Qualifications, Training and Experience of Medical Visitors) Regulations 2010.
  18. The Mental Health Tribunal for Scotland (Appointment of Medical Members) Amendment Regulations 2009.
  19. The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2008.
  20. The Mental Health (England and Wales Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations 2008.
  21. The Mental Health (Absconding Patients from Other Jurisdictions) (Scotland) Regulations 2008.
  22. The Mental Health (Certificates for Medical Treatment) (Scotland) Amendment Regulations 2008.
  23. The Mental Health (Cross-border Visits) (Scotland) Regulations 2008.
  24. The Mental Health (Safety and Security) (Scotland) Amendment Regulations 2007.
  25. The Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Amendment Order 2006.
  26. The Mental Health (Relevant Health Board for Patients Detained in Conditions of Excessive Security) (Scotland) Regulations 2006.
  27. The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2006.
  28. The Mental Health (Form of Documents) (Scotland) Regulations 2006.
  29. The Mental Health (Recall or Variation of Removal Order) (Scotland) Regulations 2006.
  30. The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005.
  31. Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Mental Health (Care and Treatment) (Scotland) Act 2003) 2005.
  32. The Mental Health (Use of Telephones) (Scotland) Regulations 2005.
  33. The Mental Health (Cross border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005.
  34. The Mental Health (Definition of Specified Person: Correspondence) (Scotland) Regulations 2005.
  35. The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005.
  36. The Mental Health (Safety and Security) (Scotland) Regulations 2005 2005.
  37. The Mental Health (Absconding by mentally disordered offenders) (Scotland) Regulations 2005.
  38. The Mental Health (Care and Treatment) (Scotland) Act 2003 (Commencement No. 4) Amendment (No. 2) Order 2005.
  39. Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Mental Health (Care and Treatment) (Scotland) Act 2003) 2005.
  40. The Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Order 2005.
  41. The Mental Health (Class of Nurse) (Scotland) Revocation Order 2005.
  42. The Mental Health (Class of Nurse) (Scotland) Regulations 2005.
  43. The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Subordinate Legislation) Order 2005.
  44. The Mental Health (Form of Documents) (Scotland) Regulations 2005.
  45. The Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 2005.
  46. The Mental Welfare Commission for Scotland (Procedure and Delegation of Functions) (No. 2) Regulations 2005.
  47. The Mental Health (Period for Appeal) (Scotland) (No. 2) Regulations 2005.
  48. The Mental Health Tribunal for Scotland (Practice and Procedure) Rules 2005.
  49. The Mental Health (Care and Treatment) (Scotland) Act 2003 (Code of Practice) Order 2005.
  50. The Mental Health (Period for Appeal) Regulations 2005.
  51. The Mental Health (Fee Payable to Designated Medical Practitioners) (Scotland) (No. 2) Regulations 2005.
  52. The Mental Welfare Commission for Scotland (Procedure and Delegation of Functions) Regulations 2005.
  53. The Mental Health (Specified Persons’ Correspondence) (Scotland) Regulations 2005.
  54. The Mental Health (Safeguards for Certain Informal Patients) (Scotland) Regulations 2005.
  55. The Mental Health (Removal Order) (Scotland) Regulations 2005.
  56. The Mental Health (Conflict of Interest) (Scotland) (No. 2) Regulations 2005.
  57. The Mental Health (Care and Treatment) (Scotland) Act 2003 (Commencement No. 4) Amendment Order 2005.
  58. The Mental Health (Compulsory treatment orders – documents and reports to be submitted to the Tribunal) (Scotland) Regulations 2005.
  59. The Mental Health (Compulsion orders – documents and reports to be submitted to the Tribunal) (Scotland) Regulations 2005.
  60. The Mental Health (Content and amendment of Part 9 care plans) (Scotland) Regulations 2005.
  61. The Mental Health (Social Circumstances Reports) (Scotland) Regulations 2005.
  62. The Mental Health (Content and amendment of care plans) (Scotland) Regulations 2005.
  63. The Mental Health (Medical treatment subject to safeguards) (Section 237) (Scotland) Regulations 2005.
  64. The Mental Health (Medical treatment subject to safeguards) (Section 234) (Scotland) Regulations 2005.
  65. The Mental Health (Conflict of Interest) (Scotland) Regulations 2005.
  66. The Mental Welfare Commission for Scotland (Appointment of Medical Commissioners) Regulations 2005.
  67. The Mental Health (Provision of Information to Patients) (Prescribed Times) (Scotland) Regulations 2005.
  68. The Mental Welfare Commission for Scotland (Authorised Persons) Regulations 2005.
  69. The Mental Welfare Commission for Scotland (Prescribed Persons) Regulations 2005.
  70. The Mental Health (Fee Payable to Designated Medical Practitioners) (Scotland) Regulations 2005.
  71. The Mental Health (Care and Treatment) (Scotland) Act 2003 (Commencement No. 4) Order 2005.
  72. The Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004.
  73. The Mental Health (Patient Representation) (Prescribed Persons) (Scotland) (No. 2) Regulations 2004.
  74. The Mental Health (Advance Statements) (Prescribed Class of Persons) (Scotland) (No. 2) Regulations 2004.
  75. The Mental Health Tribunal for Scotland (Disciplinary Committee) Regulations 2004.
  76. The Mental Health (Patient Representation) (Prescribed Persons) (Scotland) Regulations 2004.
  77. The Mental Health (Advance Statements) (Prescribed Class of Persons) (Scotland) Regulations 2004.
  78. The Mental Health Tribunal for Scotland (Appointment of General Members) Regulations 2004.
  79. The Mental Health Tribunal for Scotland (Appointment of Medical Members) Regulations 2004.
  80. The Mental Health Tribunal for Scotland (Delegation of the President’s Functions) Regulations 2004.
  81. The Mental Health (Care and Treatment) (Scotland) Act 2003 (Commencement No. 3) Order 2004.
  82. The Mental Health Tribunal for Scotland (Appointment of Legal Members) Regulations 2004.
  83. The Mental Health Tribunal for Scotland (Appointment of President) Regulations 2004.
  84. The Mental Health Tribunal for Scotland (Disqualification) Regulations 2004.
  85. The Mental Health (Care and Treatment) (Scotland) Act 2003 (Commencement No. 2) Order 2004.
  86. The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Modification) Order 2003.
  87. The Mental Health (Care and Treatment) (Scotland) Act 2003 (Commencement No. 1) Order 2003.