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        Mental Health (Scotland) Act 1984 (c. 36)
        Introductory Text
        Main body
        Part I Application of Act
        1. Application of Act:"mental disorder".
        Part II Mental Welfare Commission
        2. Mental Welfare Commission.
        3. Functions and duties of the Mental Welfare Commission.
        4. Proceedings and evidence at enquiries under section 3.
        5. Duties of the Secretary of State and of local authorities in relation to the Mental Welfare Commission.
        5A Duties in relation to private hospitals
        6. Appointment and payment of staff.
        Part III Local Authority Services
        7. Functions of local authorities.
        8. Provision of after-care services.
        9. Appointment of mental health officers.
        10. Welfare of certain hospital patients.
        11. The training and occupation of the mentally handicapped.
        Part IV Private Hospitals
        12. Registration of private hospitals.
        13. Pre-requisites of registration.
        14. Control of private hospitals.
        15. Cancellation and continuance in certain circumstances of registration.
        16. Offences against this Part of this Act and penalties.
        Part V Admission to and Detention in Hospital and Guardianship
        Grounds for hospital admission
        17. Patients liable to be detained in hospital.
        Procedure for admission of patients: hospital
        18. Admission and detention of patients: hospital.
        19. General provisions as to applications: hospital.
        20. Medical recommendations: hospital.
        21. Approval of applications by the sheriff: hospital.
        22. Effect of applications: hospital.
        23. Rectification of application and recommendations: hospital.
        24. Emergency admission: hospital.
        25. Detention of patients already in hospital.
        26. Short term detention.
        26A. Interim detention.
        Care and treatment of patients: hospital
        27. Leave of absence from hospital.
        28. Return and re-admission of patients absent without leave: hospital.
        29. Transfer of patients: hospital.
        Duration of authority for detention and discharge of patients: hospital
        30. Duration of authority: hospital.
        31. Special provisions as to patients absent without leave: hospital.
        31A. Patients who are taken into custody or return within 28 days: hospital.
        31B. Patients who are taken into custody or return after more than 28 days: hospital.
        32. Special provisions as to patients sentenced to imprisonment etc.: hospital.
        33. Discharge of patients: hospital.
        34. Restrictions on discharge by nearest relative: hospital.
        Appeals: hospital
        35. Appeals to the sheriff: hospital.
        Community care orders
        35A. Community care orders.
        35B. Community care applications.
        35C. Duration and renewal of community care order.
        35D. Variation of conditions in community care order.
        35E. Change of special medical officer or after-care officer.
        35F. Appeal against community care order.
        35G. Admission to hospital for reassessment.
        35H. Reassessment: further provisions.
        35I. Revocation of community care order.
        35J. Patients in custody or admitted to hospital in pursuance of emergency recommendations.
        35K. Patients moving from England and Wales to Scotland.
        Grounds for reception into guardianship
        36. Patients liable to be received into guardianship.
        Procedure for reception of patients: guardianship
        37. Reception of patients into guardianship.
        38. General provisions as to applications: guardianship.
        39. Medical recommendations: guardianship.
        40. Approval of applications by the sheriff: guardianship.
        41. Effect of applications: guardianship.
        42. Rectification of application and recommendations: guardianship.
        Care and treatment of patients: guardianship
        43. Regulations as to guardianship.
        44. Return of patients absent without leave: guardianship.
        45. Transfer of patients: guardianship.
        46. Transfer of guardianship in case of death, incapacity etc. of guardian.
        Duration of authority for guardianship and discharge of patients
        47. Duration of authority: guardianship.
        48. Special provisions as to patients absent without leave: guardianship.
        48A. Patients who are taken into custody or return within 28 days: guardianship.
        48B. Patients who are taken into custody or return after more than 28 days: guardianship.
        49. Special provisions as to patients sentenced to imprisonment, etc.: guardianship.
        50. Discharge of patients: guardianship.
        51. Restrictions on discharge by nearest relative: guardianship.
        Appeals: guardianship
        52. Appeals to the sheriff: guardianship.
        Functions of relatives of patients
        53. Definition of relative and nearest relative.
        54. Children and young persons in care of local authority.
        55. Nearest relative of child under guardianship etc.
        56. Appointment by sheriff of acting nearest relative.
        57. Discharge and variation of orders under s. 56.
        Supplementary
        58. Regulations for purposes of Part V.
        59. Interpretation of Part V.
        Part VI Detention of Patients concerned in Criminal Proceedings etc. and Transfer of Patients under Sentence
        Provisions for compulsory detention and guardianship of patients charged with offences etc.
        60. Effect of hospital orders.
        61. Effect of guardianship orders.
        62. Effect of restriction orders.
        62A. Effect of hospital direction.
        63. Right of appeal of restricted patients etc.
        64. Right of appeal of patients subject to restriction orders.
        65. Right of appeal of patients subject to restriction directions.
        66. Further consideration of case of conditionally discharged patient.
        66A Appeal to Court of Session against sheriff's decisions under sections 64, 65 and 66
        67. Application of sections 63 to 66 to other persons treated as restricted patients.
        68. Powers of Secretary of State in respect of patients subject to restriction orders.
        69. Persons ordered to be kept in custody during Her Majesty's pleasure.
        Transfer to hospital or guardianship of prisoners etc.
        70. Removal to hospital of persons in prison awaiting trial etc.
        71. Removal to hospital of persons serving sentences of imprisonment and other prisoners.
        71A. Further provision as to persons removed to hospital under section 71.
        72. Restriction on discharge of prisoners removed to hospital.
        73. Further provisions as to persons removed to hospital while awaiting trial etc.
        74. Further provision as to transfer directions and restriction directions.
        Supplementary
        76. Interpretation of Part VI.
        Part VII Removal and Return of Patients within United Kingdom etc.
        Removal to and from England and Wales
        77. Removal of patients to England and Wales.
        77A. Transfer of responsibility for patients to England and Wales.
        78. Position of nearest relative on removal to England and Wales.
        79. Position of nearest relative on removal to Scotland.
        Removal to and from Northern Ireland
        80. Removal of patients to Northern Ireland.
        80A. Transfer of responsibility for patients to Northern Ireland.
        81. Removal to Scotland of patients from Northern Ireland.
        81A. Transfer of responsibility for patients to Scotland from Northern Ireland.
        Other provisions as to removal
        82. Removal of certain patients from Channel Islands and Isle of Man to Scotland.
        82A. Responsibility for patients transferred from Channel Islands or Isle of Man to Scotland.
        82B. Transfer of responsibility for patients to Channel Islands or Isle of Man.
        83. Removal of alien patients.
        Return of patients absent without leave
        84. Patients absent from hospitals in Scotland.
        85. Patients absent from hospitals in Northern Ireland.
        Supplementary
        86. Regulations for purposes of Part VII.
        87. General provisions as to patients removed from Scotland.
        88. Intimation of removal of patients to Scotland.
        89. Interpretation of Part VII.
        Part VIII State Hospitals
        90. Provision of hospitals for patients requiring special security.
        91. Administrative provisions.
        Part IX Protection of Property of Patients
        92. Duties of local authority in relation to property.
        93. Power of Mental Welfare Commission to petition for appointment of curator bonis.
        94. Powers of managers in relation to property of patients.
        95. Reciprocal arrangements in relation to Northern Ireland as to exercise of powers.
        Part X Consent to Treatment
        96. Preliminary.
        97. Treatment requiring consent and a second opinion.
        98. Treatment requiring consent or a second opinion.
        99. Review of treatment.
        100. Plans of treatment.
        101. Withdrawal of consent.
        102. Urgent treatment.
        103. Treatment not requiring consent.
        Part XI Miscellaneous and General
        Offences
        104. False statements.
        105. Ill-treatment of patients.
        106. Protection of mentally handicapped females.
        107. Protection of patients.
        108. Assisting patients to absent themselves without leave etc.
        109. Obstruction.
        Miscellaneous provisions
        110. Duty to give information to patients and nearest relatives.
        111. Duty of managers to inform nearest relative of discharge of detained patients.
        112. Religious persuasion of patients.
        113. Duty of sheriff to give patient opportunity to be heard.
        114. Provision for personal expenses of in-patients in hospital.
        115. Correspondence of patients.
        116. Review of decision to withhold postal packet.
        117. Entry on premises and warrant to search for and remove patients.
        118. Mentally disordered persons found in public places.
        119. Code of practice.
        Supplementary
        120. Provisions as to custody, conveyance and detention.
        121. Retaking of patients escaping from custody.
        121A. Warrants for arrest of escaped mental patients.
        122. Protection for acts done in pursuance of this Act.
        123. Inquiries.
        124. General provisions as to regulations and orders.
        125. Interpretation.
        126. Preservation of amendments.
        127. Consequential and transitional provisions and repeals.
        128. Application to England and Wales.
        129. Application to Northern Ireland.
        130. Short title and commencement.
        Schedules
        SCHEDULE 1 State Hospital Management Committees
        Part I
        Part II
        SCHEDULE 2 Application of Provisions of Part V to Patients Subject to Hospital or Guardianship Orders
        Part I Hospital Order Without Restriction Order (Section 60(1)); Transfer From Prison Without Restriction (Section 71).
        Part II Hospital Order with Restriction Order, (Section 62) and Orders or Directions having the Like Effect (Sections 69, 70 and 72).
        Part III Guardianship Order (Section 61(2))
        SCHEDULE 3 Consequential Amendments
        SCHEDULE 4 Transitional and Savings Provisions
        SCHEDULE 5 Repeals

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