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Code of Practice

Scottish Ministers are under a duty to prepare, publish and revise a Code of Practice under the Mental Health (Care & Treatment) (Scotland) Act 2003. The Code, which sets out guidance to professionals on their duties under the Act, may be supplemented by guidance and information to others including service users, carers and advocates. Doctors, mental health officers and others exercising statutory functions under the Act, are under a duty to have regard to the Code.

Interim guidance reflecting changes to the 2003 Act by the Mental Health (Scotland) Act 2015 is available on this website. It is intended that this interim guidance will be incorporated into a revised Code of Practice.

Interim guidance

Volume 1 - General Overview

Volume 1 of the Code of Practice for the 2003 Act deals with a range of issues relating to the general framework within which the Act operates. These subjects include, for example, the duties placed on health boards and local authorities (Part 4); cross-border transfers of patients (section 289 and 290); and medical treatment (Part 16). It therefore provides Code of Practice material on Parts 1, 2, 3, 4, 14, 16, 17 (chapters 1 and 2), 19, 21, 22 as well as sections 229-231, 281-286, 289-291, 328 and 329.

Volume 2 - Civil Compulsory Powers (Parts 5, 6, 7 and 20)

Volume 2 of the Code of Practice for the 2003 Act deals with a range of issues relating to what can be termed "civil compulsory powers".

Volume 3 - Compulsory powers in relation to mentally disordered offenders

This Volume of the Code of Practice for the 2003 Act covers a range of issues relating to mentally disordered offenders including procedures for the disposal of cases of persons with mental disorder who are involved in criminal proceedings which are set out in Part VI and sections 200 and 230 of the Criminal Procedure (Scotland) Act 1995. Provisions in the 2003 Act have replaced or made amendments to some of these procedures:.