Legislation protecting people in care

Overview National Assistance Act 1948 Social Work (Scotland) Act 1968 NHS and Community Care Act 1990 National Assistance (Assessment of Resources) Regulations 1992 Human Rights Act 1998 Adults with Incapacity (Scotland) Act 2000 Regulation of Care (Scotland) Act 2001 Community Care and Health (Scotland) Act 2002 Mental Health (Care and Treatment) (Scotland) Act 2003 Adult Support and Protection (Scotland) Act 2007 Equality Act 2010 Patient Rights (Scotland) Act 2011 Social Care (Self-directed Support) (Scotland) Act 2013 Public Bodies (Joint working) (Scotland) Act 2014 Carers (Scotland) Act 2016 Further information about legislation

Mental Health (Care and Treatment) (Scotland) Act 2003

The Mental Health (Care and Treatment) (Scotland) Act came into force in 2005.

It increases the rights and protection of people with mental disorders, which is a term than encompasses:

• mental illness
• learning disability
• personality disorder

The act places duties on local councils to provide care and support services for people with mental disorders.

It introduced changes to develop community-based mental health services, involvement of service users and unpaid carers in decisions concerning treatment, and respect for the human rights of people with mental disorders.

The provisions of this act are intended to ensure that care and compulsory measures of detention can be used only when there is a significant risk to the safety or welfare of the patient or other people.