A consultation for implementation of certain sections of the Mental Health Act (Scotland) 2015 and associated regulations (Part 1)

Closed 30 May 2016

Opened 7 Mar 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

Your browser does not support inline PDF viewing.Please download the PDF.


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. Two areas of the Act have come into force so far. These relate to extending the right to appeal against being held in a level of excessive security to patients in medium secure units and to a requirement for Scottish Ministers to review the arrangements for investigating the deaths of patients in hospital for treatment for a mental disorder.

This is the first of two consultations on the implementation of the 2015 Act and covers several topics, including the changes to the named person provisions and secondary legislation regarding conflict of interests at certain medical examinations.


Your browser does not support inline PDF viewing.Please download the PDF.

Please click here to download a copy of the full consultation paper

Your browser does not support inline PDF viewing.Please download the PDF.

Please click here to download a copy of the Easy Read version of the consultation paper

Why your views matter

To help Scottish Government officials develop policy proposals for the implementation of the Mental Health (Scotland) Act 2015. This will sit alongside work to update the Code of practice which is being taken forward by a dedicated working group and build on work of the Victims' Rights Group led by the Forensic Network providing advice on the Victim Notification Scheme.

The consultation will focus on the implementation of the Act itself and will inform policy proposals which will be considered by the Scottish Parliament :
- Development of policy on specific issues, for example named persons and in relation to development of secondary legislation (including transitional and savings provisions) ;
- Understanding of the practical impacts of legislative provisions and policy decisions (both in relation to the impact on service users and the service cost implications) to assist with implementation planning.

What happens next

Following the closing date, all responses will be analysed and considered along with any other available evidence to help reach a decision on the best way to implement the regulations as well as the transitional and saving provisions :

named persons
emergency & short term detention
advance statements/patients rights
services and accommodation for mothers
safeguards for certain informal patients regulations 2006
conflict of interest regulations

We aim to issue our conclusions on this by early September 2016
There will be a 2nd consultation later this year which will cover the remaining parts of the Act which require action - its not practicable to run all topics as a single consultation


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