Mental Health (Amendment) (Scotland) Act 1983
| Jurisdiction | UK Non-devolved |
| Citation | 1983 c. 39 |
| Year | 1983 |
Mental Health (Amendment)(Scotland) Act 1983
1983 CHAPTER 39
An Act to amend the Mental Health (Scotland) Act 1960; and for connected purposes.
[13th May 1983]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Mental Welfare Commission for Scotland
1 Constitution of Mental Welfare Commission and remuneration etc. of members.
(1) In subsection (2) of section 2 of the principal Act (which makes provision as to the composition of the Mental Welfare Commission for Scotland)—
(a ) for the word ‘seven’ there shall be substituted the word ‘ten’;
(b ) the words ‘and not more than eleven’ shall cease to have effect; and
(c ) for the words ‘one woman’ there shall be substituted the words ‘three women’.
(2) In subsection (3) of the said section 2 of the principal Act (which makes provision as to the quorum of the Mental Welfare Commission for Scotland) for the word ‘Four’ there shall be substituted the word ‘Five’.
(3) After subsection (4) of the said section 2 of the principal Act (which makes provision as to the appointment of Mental Welfare commissioners by Her Majesty on the recommendation of the Secretary of State) there shall be inserted the following subsection—
(4A) Before making a recommendation under subsection (4) of this section the Secretary of State shall consult such bodies as appear to him to be concerned.’.
(4) For subsections (7) and (7A) of the said section 2 of the principal Act (which empower the Secretary of State to pay remuneration and allowances to commissioners, and defray expenses, of the Mental Welfare Commission for Scotland) there shall be substituted the following subsections—
(7) The Mental Welfare Commission may—
(a ) pay to the said commissioners such remuneration; and
(b ) make provision for the payment of such pensions, allowances or gratuities to or in respect of the said commissioners,
as the Secretary of State may, with the approval of the Treasury, determine; and such determination may make different provision for different cases or different classes of case.
(7A) The following provisions of the National Health Service (Scotland) Act 1978 shall apply to the Mental Welfare Commission as they apply to a Health Board, that is to say—
(a ) sections 85(1), (2A), (4) and (6) (which contain provisions as to expenditure being met by the Secretary of State);
(b ) sections 85A(1) and (3) (which impose financial duties); and
(c ) section 86 (which provides for the auditing and examination of accounts).
(7B) The Secretary of State may provide for the Mental Welfare Commission such officers and servants and such accommodation as the Commission may require.’.
2 Duties of Mental Welfare Commission.
2. In section 4 of the principal Act (which makes provision as to the functions and duties of the Mental Welfare Commission)—
‘(bb ) in any case where—
(B) is renewed for a further period of one year under that section; and
(A) appealed to the sheriff under section 39(7) of this Act; or
to visit the patient before the expiry of the period of one year referred to in sub-paragraph (i)(B) of this paragraph, unless the patient has previously been discharged, and on any such visit to afford an opportunity, on request, for private interview to any such patient;’ and
(6) It shall be the duty of the Mental Welfare Commission—
(a ) to advise the Secretary of State, a Health Board or a local authority on any matter arising out of this Act which has been referred to the Commission by the Secretary of State, the Health Board, or the local authority, as the case may be; and
(b ) to bring to the attention of the Secretary of State, a Health Board, a local authority or any other body any matter concerning the welfare of any persons who are suffering from mental disorder which the Commission consider ought to be brought to his or their attention.
(6A) The Mental Welfare Commission shall in 1985 and in every year thereafter publish a report on their activities; and copies of each such report shall be submitted by the Commission to the Secretary of State who shall lay copies before Parliament.
(6B) Where, in the course of carrying out any of their functions, the Mental Welfare Commission form the opinion that any patient who is—
(a ) liable to be detained in a hospital; and
(b ) either a restricted patient within the meaning of section 60A of this Act or a person mentioned in section 60E(1) or (2) of this Act
should be discharged, it shall be their duty to recommend accordingly to the Secretary of State.’.
3 Power of Mental Welfare Commission to appoint persons to make enquiries or chair committees of commissioners.
(1) In subsection (7) of the said section 4 of the principal Act—
(a ) after the word ‘appoint’ there shall be inserted ‘—
(b ) after the word ‘Act’ there shall be inserted the words ‘;
(i) to make by himself; or
any enquiry which they are obliged to make under subsection (2)(a ) of this section’.
(2) After the said subsection (7) there shall be added the following subsection—
(7A) A person appointed under subsection (7)(b ) of this section shall be—
(a ) an advocate; or
(b ) a solicitor
of not less than five years standing.’.
4 Appointment etc. of staff by Mental Welfare Commission.
4. After section 5 of the principal Act there shall be inserted the following section—
5A ‘Appointment and payment of staff
5A. The Mental Welfare Commission may—
(B) any medical practitioner or other person appointed for the purposes of the provisions mentioned in section 93B(2) of this Act, and
as the Secretary of State may, with the consent of the Treasury determine; and such determination may make different provision for different cases or different classes of case.’.
Definition of ‘mental disorder’
5 Definition of ‘mental disorder’.
(1) For references in the principal Act to mental deficiency there shall be substituted references to mental handicap.
(2) Section 6 of the principal Act (which defines ‘mental disorder’) shall be renumbered as subsection (1) of that section and after that subsection (as so renumbered) there shall be inserted the following subsection—
(2) No person shall be treated under this Act as suffering from mental disorder by reason only of promiscuity or other immoral conduct, sexual deviancy or dependence on alcohol or drugs.’.
(3) In section 96 of the principal Act (which makes provision as to the protection of female defectives)—
(a ) for the words ‘a defective’ in each place where they occur there shall be substituted the words ‘protected by the provisions of this section’;
(b ) after subsection (6) there shall be inserted the following subsection—
(6A) A woman is protected by the provisions of this section if she is suffering from a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning’; and
(c ) in subsection (7) the definition of ‘defective’ and the word ‘and’ which follows it shall cease to have effect.
After-care
6 Provision of after-care services.
6. After section 7 of the principal Act there shall be inserted the following section—
7A ‘Provision of after-care services.
(1) It shall be the duty of a local authority to provide after-care services for any persons who are or have been suffering from mental disorder.
(2) In providing after-care services under subsection (1) of this section a local authority shall co-operate with such health board or boards and such voluntary organisations as appear to the local authority to be concerned.
(3) The duty imposed by this section is without prejudice to any other power or duty which a local authority may have in relation to the provision of after-care services.’.
Mental health officers
7 Appointment and functions of mental health officers.
(1) After section 7A of the principal Act there shall be inserted the following section—
7B ‘Appointment of mental health officers.
(1) A local authority shall appoint a sufficient number of persons for the purpose of discharging in relation to their area the functions of mental health officers under this Act.
(2) Any officer...
To continue reading
Request your trial