Evolution and devolution: Scottish legislation relevant to people with intellectual disabilities within mental health and forensic services
| Date | 14 December 2015 |
| Published date | 14 December 2015 |
| DOI | https://doi.org/10.1108/JIDOB-08-2015-0017 |
| Pages | 127-136 |
| Author | Fergus Douds,Fabian Haut |
| Subject Matter | Health & social care,Learning & intellectual disabilities,Offending behaviour |
Evolution and devolution: Scottish
legislation relevant to people with
intellectual disabilities within mental
health and forensic services
Fergus Douds and Fabian Haut
Dr Fergus Douds is Consultant
Psychiatrist at The State
Hospital, Carstairs, UK.
Dr Fabian Haut is Consultant
Psychiatrist at the
NHS Tayside, Strathmartine
Centre, Dundee, UK.
Abstract
Purpose –The purpose of this paper is to describe the evolution of legislation relevant to people with
intellectual disabilities (IDs) since the Scottish Parliament came into being in 1999; this will be particularly
relevant to practitioners working with peoplewith IDs within mental health and forensicmental health services.
Design/methodology/approach –A descriptive review of the relevant legislation, setting this out in the
chronological order in which the legislation was enacted.
Findings –The paper demonstrates that legislative reform is a dynamic and evolving process, responsive to
social, political and legal agendas.
Research limitations/implications –The paper is limited to a description of the relevant legislation in only
one part of the UK (Scotland).
Practical implications –A helpful summary of the relevant legislation is provided which should be of
particular value to readers/practitioners from outwith Scotland.
Originality/value –The paper provides an up to date account of the legislative reform in Scotland during the
period 1999-2015.
Keywords Intellectual disability, Scotland, Forensic, Mental health, Learning disability, Legislation
Paper type General review
Introduction
Following a referendum in September 1997 the Scottish Parliament was convened by the
Scotland Act (1998), which sets out its powers as a devolved legislature. The Act delineates
the legislative competence of the Parliament –the areas in which it can make laws –by explicitly
specifying powers that are “reserved”to the Parliament of the UK: all matters that are not
explicitly reserved are automatically the responsibility of the Scottish Parliament. The first session
of the new Scottish Parliament occurred in May 1999 and it was officially opened by the Queen
on the 1 July 1999. The Scottish Parliament has full legislative competence across a wide range
of devolved subjects, including health, education, local government, social work, housing and
most aspects of criminal law.
Since the establishment of the Scottish Parliament, the differences in the legal and policy
framework between Scotland and the rest of the UK have arguably widened. This has particularly
been true of the legislative changes that have taken place within the fields of mental health and
forensic mental health care. The significant reform of the mental health and incapacity legislation
Received 4 August 2015
Revised 16 October 2015
Accepted 19 October 2015
DOI 10.1108/JIDOB-08-2015-0017 VOL. 6 NO. 3/4 2015, pp.127-136, © Emerald Group Publishing Limited, ISSN 2050-8824
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JOURNAL OF INTELLECTUAL DISABILITIES AND OFFENDING BEHAVIOUR
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PAGE127
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