This item was published during the term of a previous administration that ended in April 2007
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New date for Mental Health Act
20/01/2005
Implementation of the Mental Health Act will now be in October 2005 to help ensure success, it was announced today.
The Mental Health (Care and Treatment)(Scotland) Act 2003, represents the biggest overhaul of mental health legislation for 40 years and is widely recognised as bringing improved rights for users of mental health and learning disability services and their carers in Scotland.
The new Act provides:
- New rights and safeguards for people with mental disorders and new and extended duties on NHS boards and local authorities providing services to them
- New, fairer procedures for the compulsory treatment of people with mental disorders
- Fairer and safer procedures in relation to people with mental disorder within the criminal justice system
Deputy Health Minister Rhona Brankin said:
"This legislation will bring massive benefits to users of Scotland's mental health services and their carers - it is so important to get this right.
"I have met with stakeholders and listened to their hopes and concerns regarding the implementation of the Act. If delaying it means that the benefits of the new Act will be realised more fully, then that is the right course of action.
"Much work has been done to improve mental health and wellbeing, with awareness raising campaigns to address the stigma which can be associated with mental health problems. This new Act will support this good work and promote the rights of people who require treatment for mental health problems to have access to good quality mental health services.
"This ground breaking legislation is one of the biggest and most legally complex acts to pass through Parliament. It is therefore vital to ensure that all the necessary procedures to make it a success are effectively in place, such as the creation of a new Tribunal system and the completion of the necessary secondary legislation and the development of the mental health services required by the Act. This work is too important to be rushed."
The Mental Health (Care and Treatment) (Scotland) Act 2003 received Royal Assent on 25 April 2003. In October 2003, Malcolm Chisholm, then Minister for Health and Community Care, announced that the main provisions of the Act would be implemented in April 2005.
The corporate legislative framework of regulations to support the Act, the Code of Practice and the new Tribunal system (including the appointment of President, members, administrative staff) all need to be in place before the Act can be fully implemented.
Significant steps have already been taken towards implementation, including a consultation on the draft Code of Practice and policy proposals relating to all regulations; the announcement of the location for the headquarters of the Mental Health Tribunal for Scotland (which this Act establishes); the appointment process for the President of the Tribunal and the start of the appointment process for members of the Tribunal; in addition to raising awareness about the new Act's provisions.
The location of the Tribunal's headquarters is being established in Hamilton, South Lanarkshire.
A small number of provisions of the Act come into effect at different times: the provisions relating to the nomination of a named person and the witnessing of an advance statement came into effect in October 2004 while the provisions in relation to appeals against excessive levels of security will not come into effect until May 2006.
£12m was included this year in the allocations to the local authorities in recognition of their new roles and responsibilities under the coming provisions. £2m capital was also provided. A further £2m capital will issue next year and £13m per year will go to the local authorities continuing each year to at least 2008. A further £7m of new funds has also been allocated for spend by local partners on the implementation process and on national mental health service development. A further allocation will be made next year.
For more information about the Act, see www.scotland.gov.uk/health/mentalhealthlaw