Mental Health (Scotland) Act 1960
Act of the Parliament of the United Kingdom
From Wikipedia, the free encyclopedia
The Mental Health (Scotland) Act 1960 (8 & 9 Eliz. 2. c. 61) was an act of the Parliament of the United Kingdom that made fresh provision with respect to the reception, care and treatment of persons suffering from mental disorder in Scotland, repealing the Lunacy (Scotland) Acts 1857 to 1913 and the Mental Deficiency (Scotland) Acts 1913 and 1940.[1]
.svg)
Long titleAn Act to repeal the Lunacy (Scotland) Acts, 1857 to 1913, and the Mental Deficiency (Scotland) Acts, 1913 and 1940; to make fresh provision with respect to the reception, care and treatment of persons suffering, or appearing to be suffering, from mental disorder, and with respect to their property and affairs; and for purposes connected with the matters aforesaid.
Citation8 & 9 Eliz. 2. c. 61
Royal assent29 July 1960
The Mental Health Act 1959 (7 & 8 Eliz. 2. c. 72) made similar provisions for England and Wales.[2]
Provisions
Repealed enactments
Section 113(2) of the act repealed 34 enactments, listed in the fifth schedule to the act.[3]
| Citation | Short title | Extent of repeal |
|---|---|---|
| 51 Geo. 3. c. 37 | Marriage of Lunatics Act 1811 | The whole act so far as it extends to Scotland. |
| 20 & 21 Vict. c. 71 | Lunacy (Scotland) Act 1857 | The whole act. |
| 25 & 26 Vict. c. 54 | Lunacy (Scotland) Act 1862 | The whole act. |
| 27 & 28 Vict. c. 59 | Lunacy Board (Scotland) Act 1864 | The whole act. |
| 29 & 30 Vict. c. 51 | Lunacy (Scotland) Act 1866 | The whole act. |
| 34 & 35 Vict. c. 55 | Criminal and Dangerous Lunatics (Scotland) Amendment Act 1871 | The whole act. |
| 47 & 48 Vict. c. 46 | Naval Enlistment Act 1884 | Section three. |
| 48 & 49 Vict. c. 61 | Secretary for Scotland Act 1885 | In the Schedule, in Part I, the entry relating to lunacy. |
| 48 & 49 Vict. c. 69 | Criminal Law Amendment Act 1885 | In section five, paragraph (2) so far as it extends to Scotland. |
| 52 & 53 Vict. c. 50 | Local Government (Scotland) Act 1889 | In section eleven, in paragraph (5), head (ii). |
| 53 & 54 Vict. c. 5 | Lunacy Act 1890 | The whole act so far as it extends to Scotland and Northern Ireland. |
| 63 & 64 Vict. c. 54 | Lunacy Board (Scotland) Salaries and Clerks Act 1900 | The whole act. |
| 3 & 4 Geo. 5. c. 38 | Mental Deficiency and Lunacy (Scotland) Act 1913 | The whole act. |
| 19 & 20 Geo. 5. c. 25 | Local Government (Scotland) Act 1929 | In section eleven, subsection (4); in section seventy-seven, in subsection (1), in the definition of "Central Department", paragraph (c). |
| 25 & 26 Geo. 5. c. 32 | Criminal Lunatics (Scotland) Act 1935 | The whole act. |
| 2 & 3 Geo. 6. c. 20 | Reorganisation of Offices (Scotland) Act 1939 | Section two. |
| 3 & 4 Geo. 6. c. 8 | Mental Deficiency (Scotland) Act 1940 | The whole act. |
| 8 & 9 Geo. 6. c. 37 | Education (Scotland) Act 1945 | In the Fourth Schedule, the amendments to the Mental Deficiency and Lunacy (Scotland) Act, 1913. |
| 9 & 10 Geo. 6. c. 72 | Education (Scotland) Act 1946 | In section fifty-six, subsection (6); section fifty-eight; in section one hundred and forty, in subsection (2), paragraphs (b), (c), (d), and (e); in section one hundred and forty-three, in subsection (1), the definition of "Mental Deficiency Acts." |
| 10 & 11 Geo. 6. c. 27 | National Health Service (Scotland) Act 1947 | In section sixteen, in subsection (1), the words "or mental deficiency"; in section seventeen, in subsection (1), the words "or mental deficiency"; in section twenty-seven, in subsection (1), the words "or mental deficiency"; in section twenty-eight, in subsection (1), the words "mentally defective"; Part V; in section eighty, in subsection (1) in the definition of "hospital", the words "or mental deficiency" and the definition of "mental defective"; the Ninth Schedule. |
| 11 & 12 Geo. 6. c. 29 | National Assistance Act 1948 | In section thirty-seven, in the proviso to subsection (9), paragraphs (b) and (c), and the word "or" at the end of paragraph (a); in the Sixth Schedule, in paragraph 7, sub-paragraph (2), and in paragraph 9, head (a) of sub-paragraph (3). |
| 12, 13 & 14 Geo. 6. c. 19 | Education (Scotland) Act 1949 | In the Schedule, in Part I, the amendments to the Mental Deficiency and Lunacy (Scotland) Act, 1913, and the National Health Service (Scotland) Act, 1947. |
| 12, 13 & 14 Geo. 6. c. 93 | National Health Service (Amendment) Act 1949 | Section twenty-seven. |
| 12, 13 & 14 Geo. 6. c. 94 | Criminal Justice (Scotland) Act 1949 | In section three, in subsection (3), the words "or can be" and "as a voluntary boarder or", in subsection (4), the words "as a voluntary boarder or"; in section four, in subsection (2), the words "voluntary boarder or"; in section thirteen, in subsection (1) the words "voluntary boarder or"; sections twenty-three to twenty-five; in section twenty-seven, subsection (5); sections fifty-two, sixty-three, sixty-four and sixty-five; in section seventy-five, in subsection (2) the words from the beginning to "Treasury, and "; in the Third Schedule, in paragraph 3, in head (d) of sub-paragraph (1), the words "voluntary or"; in the Eleventh Schedule, the amendments to the Mental Deficiency and Lunacy (Scotland) Act, 1913. |
| 15 & 16 Geo. 6 & 1 Eliz. 2. c. 61 | Prisons (Scotland) Act 1952 | In the Third Schedule, the amendments to the Mental Deficiency and Lunacy (Scotland) Act, 1913. |
| 1 & 2 Eliz. 2. c. 25 | Local Government Superannuation Act 1953 | In section fifteen, in subsection (1), in paragraph (b), the words "and V". |
| 3 & 4 Eliz. 2. c. 18 | Army Act 1955 | Section sixteen. |
| 3 & 4 Eliz. 2. c. 19 | Air Force Act 1955 | Section sixteen. |
| 3 & 4 Eliz. 2. c. 20 | Revision of the Army and Air Force Acts (Transitional Provisions) Act 1955 | In the Second Schedule, paragraph 2 (entry relating to the Naval Enlistment Act, 1884); sub-paragraph (6) of paragraph 13; sub-paragraph (6) of paragraph 14; sub-paragraph (3) of paragraph 18. |
| 5 & 6 Eliz. 2. c. 20 | House of Commons Disqualification Act 1957 | In the First Schedule, in Part I, the following entry: "The General Board of Control for Scotland". |
| 6 & 7 Eliz. 2. c. 40 | Matrimonial Proceedings (Children) Act 1958 | In section ten, subsection (5). |
| 6 & 7 Eliz. 2. c. 65 | Children Act 1958 | In section two, subsection (5). |
| 7 & 8 Eliz. 2. c. 5 | Adoption Act 1958 | In section thirty-seven, in subsection (3), the words "or subsection (5)". |
| 7 & 8 Eliz. 2. c. 72 | Mental Health Act 1959 | Sections eighty-two to eighty-four; in section eighty-five, in subsection (3), the words "or placed" in each place where they occur; section ninety-one; in section one hundred and thirty-three, subsection (3); in section one hundred and fifty, the words "to eighty-four, section ninety-one", "section one hundred and thirty-three"; in the Sixth Schedule, in sub-paragraphs (1) of paragraphs 8 and 12, the words "In relation to", the words from "and the other" to the end of the sub-paragraphs; in the Seventh Schedule, in Part I, the amendment to the Recall of Army and Air Force Pensioners Act, 1948, and, in Part II, the amendments to the Naval Enlistment Act, 1884, the Army Act, 1955, the Air Force Act, 1955, and the Revision of the Army and Air Force Acts (Transitional Provisions) Act, 1955. |
Subsequent developments
The whole act was repealed by section 127(2) of, and schedule 5 to, the Mental Health (Scotland) Act 1984, which came into force on 30 September 1984.[4]
Notes
- Section 118.
- Sections 114 and 116 extend certain provisions to England and Wales and Northern Ireland respectively.
- Section 117(1). By order of the Secretary of State.
