Delegation of Local Authority Functions: Mental Health (Care and Treatment) Scotland) Act 2003 and Adults with Incapacity (Scotland) Act 2000

INTRODUCTION

1. This consultation supplements the recent Scottish Government Integration of Adult Health and Social Care in Scotland: Consultation on Proposals, to seek views on the specific issue of delegation of local authority functions in Scotland under:

• the Mental Health (Care and Treatment) (Scotland) Act 2003 ("the 2003 Act"); and
• the Adults with Incapacity (Scotland) Act 2000 ("the 2000 Act").

2. Under Part 4 of the 2003 Act, local authorities and health boards have an existing duty on them to cooperate with one another in the provision of relevant services, to ensure a joined up approach. Local authorities also have a number of other duties and powers under Part 4 of the 2003 Act to provide care and support services, and services to promote the well-being and social development of persons with a mental disorder. Otherwise, of course, throughout the 2003 Act, local authorities' appointed mental health officers ("MHOs") have a wide range of powers and duties under the 2003 Act, the Criminal Procedure (Scotland) Act 1995, and the 2000 Act. Finally, local authorities have further powers in relation to adults with incapacity under the 2000 Act.

3. Whilst the background context to this consultation being undertaken is the upcoming Bill on Adult Health and Social Care Integration, there is an underlying fundamental question for discussion on what local authority functions should be delegable. In this consultation, consultees are asked to provide their views on what, if any, MHO or local authority functions under the 2003 Act, or local authority functions under the 2000 Act, should in future be able to be delegated by local authorities to NHS (National Health Services for Scotland) boards in Scotland.