Legal Framework
The Scottish Executive's introduction to the Act specifies:
"Part 2 of the 2003 Act sets out provisions relating to the continued existence of the Mental Welfare Commission for Scotland. The Commission will have:
- new duties to monitor the operation of the Act and to promote best practice;
- specific powers and duties in relation to carrying out visits to patients, investigations, interviews and medical examinations, and to inspect records; and
- powers and duties to publish information and guidance, and to give advice or bring matters to the attention of others in the mental health law system.
These powers and duties should enable the Commission to maintain and develop its vital role in protecting the rights of service users, and in promoting the effective operation of mental health law. Schedule 1 of the Act sets out more detail on the membership, organisation and general powers of the Commission and makes provision for regulations to specify some matters in more detail, if necessary."
The same act also set up the Mental Health Tribunal for Scotland.
Read more about this topic: Mental Welfare Commission For Scotland
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