Mental health law is about securing benefits for, and protecting the rights of, people with mental disorder. Its primary objective is to make sure people with mental disorder can receive effective care and treatment.

The Act uses the term ‘mental disorder’ to cover mental illness; personality disorder and learning disability.

It covers a wide range of issues but broadly they can be arranged under four headings:

·         principles, roles and responsibilities: how the Act defines the nature, duties and powers of the organisations and individuals involved in mental health law and how they should give effect to the principles of the Act;

·         compulsory powers: how the Act sets out the circumstances in which a person with mental disorder may receive treatment and/or be detained on a compulsory basis, and the procedures which have to be followed;

·         people with mental disorder within the criminal justice system: what the Act says about how a person with mental disorder may be dealt with by the criminal justice system, and how they are subsequently cared for; and

·         rights and safeguards: the additional rights the Act gives to a person with mental disorder, and the safeguards it puts in place.

The Act states that any person with a mental health disorder has a right to access independent advocacy. It places a duty on NHS Boards and Local Authorities to make sure that anyone with a mental disorder can access independent advocacy and to take appropriate steps to ensure that those persons have the opportunity to making use of those services.

Link to the Act

Further information can be found at

The Scottish Government website
Mental Welfare Commission for Scotland
Mental Health Tribunal for Scotland
NHS Education Scotland: Mental Health Act website for frontline staff