A consultation for implementation of certain sections of the Mental Health Act (Scotland) 2015 and associated regulations (Part 2)

Closed 17 Oct 2016

Opened 25 Jul 2016

Results updated 16 Jan 2017

This report summarises and provides analysis of the responses received for the Consultation on Implementation of Certain Sections of the Mental Health (Scotland) Act 2015 and Associated Regulations - Parts 1 and 2

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Published responses

View submitted responses where consent has been given to publish the response.


The Mental Health (Scotland) Act 2015 makes amendments to the operation of the Mental Health (Care and Treatment) (Scotland) Act 2003 and to the Criminal Procedure (Scotland) Act 1995 in relation to the treatment of mentally disordered offenders. It also creates a new victim information and representation scheme for victims of some mentally disordered offenders.
The objective of this consultation is to consult on proposals in relation to implementing certain provisions of the 2015 Act. The main aim is to gather views on the proposals for relevant secondary legislation and transitional and savings provisions and associated work to implement the Act.
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Why your views matter

This is the second of two consultations on the implementation of the 2015 Act and covers several topics, including regulations relating to cross-border transfers and absconding patients, as well as transitional and savings provisions for the bulk of the Act. If you are replying through Citizen Space, you will find that longer chapters have the full chapter at the top of the page, with the relevant text for each question available as a drop-down option just before the box for your reply.

We have set out our proposals for implementing aspects of the 2015 Act which we intend should best protect and safeguard the rights of service users detained in the Act and ensure that the system under the Act provides for efficient and effective treatment.

Because of the interaction between the changes in the 2015 Act, related secondary legislation, the Tribunal rules and the statutory Code of Practice, we expect the majority of the rest of Parts 1 and 2 of the Act to come into force on a single date in early 2017.

The responses from this consultation will help Scottish Government officials develop policy proposals for the implementation of the Mental Health (Scotland) Act 2015 and understand the impact of these proposals to assist with implementation planning.



  • Communities and Third Sector
  • Equality, Welfare and Rights
  • Health and Social Care