Primary legislation

Mental Health (Care and Treatment) (Scotland) Act 2003 (“the 2003 Act”).

An up-to-date version of the 2003 Act is published on the UK legislation website and can be accessed using the link above.   

The primary legislation that covers the making of compulsion and restriction orders is contained in Part 6 of the Criminal Procedure (Scotland) Act 1995.  This is available here. https://www.legislation.gov.uk/ukpga/1995/46/part/VI

Provisions concerning the rights of victims are contained in Part 2 of the Criminal Justice (Scotland) Act 2003.  This is available here https://www.legislation.gov.uk/asp/2003/7/part/2

The 2003 Act was amended by the Mental Health (Scotland) Act 2015 ("the 2015 Act"). Most of the provisions of the 2015 Act, and new regulations, came into force on 30 June 2017.

Sections 40 to 45 of Part 2 of the 2015 Act amending the Criminal Procedure (Scotland) Act 1995 and Part 3 (sections 54 to 60) amending the Criminal Justice (Scotland) Act 2003 relating to victims’ rights came into force on 30 September 2017.

With regard to section 1 of the 2015 Act (amending sections 64 and 65 of the 2003 Act), the commencement date has still to be appointed.