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In force since 2005-10-05, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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4 provisions
Title and introductory text
Mental Health (Scotland) Act 1984
1984 c. 36
An Act to consolidate the Mental Health (Scotland) Act 1960.
[12th July 1984]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Propose a change10 Welfare of certain hospital patients.
(1) The provisions of this section shall apply to any patient suffering from mental disorder who is—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) a person who is under the guardianship of a local authority under ... the provisions of the Mental Health Act 1983; or
(c) a person the functions of whose nearest relative ... under the Mental Health Act 1983 are for the time being transferred to a local authority.
(2) Where , in Scotland, a patient to whom this section applies is (whether for treatment for mental disorder or for any other reason) admitted to any hospital or to accommodation provided by a care home service then, without prejudice to their duties in relation to the patient apart from the provisions of this section, the authority having rights or functions in relation to him as aforesaid shall arrange for visits to be made to him on their behalf, and shall take such other steps in relation to the patient while in the hospital or accommodation as would be expected of a parent.
Propose a change95 Reciprocal arrangements in relation to Northern Ireland as to exercise of powers.
(1) Where a curator bonis, tutor , guardian or judicial factor has been appointed under the law in force in Scotland for any person suffering from mental disorder, the provisions of that law shall apply in relation to the property and affairs of that person in Northern Ireland unless he is a patient in relation to whom powers have been exercised under Part VIII of the Mental Health (Northern Ireland) Order 1986, or a person as to whom powers are exercisable and have been exercised under Article 97(2) of that Order.
(2) Part VIII of the Mental Health (Northern Ireland) Order 1986 shall apply in relation to the property and affairs in Scotland of a patient in relation to whom powers have been exercised under that Part, or a person as to whom powers are exercisable and have been exercised under Article 97(2) of that Order, as it applies in relation to his property and affairs in Northern Ireland unless a curator bonis, tutor , guardian or judicial factor has been appointed for him in Scotland.
(3) In this section references to property do not include references to land or interests in land:
Provided that this subsection shall not prevent the receipt of rent or other income arising from land or interests in land.
Propose a change130 Short title and commencement.
This Act may be cited as the Mental Health (Scotland) Act 1984 and shall come into force on 30th September 1984.
Propose a change