Welcoming the implementation of new mental health legislation in Scotland today (Wednesday 5 October 2005), the BMA commended Scottish Ministers for taking the lead in developing patient centred policy in the UK and heralded the move as a tribute to devolution.

Dr Andrew Buist, a member the BMA's Scottish Council and a GP in Tayside, said:

"This Act represents the most fundamental change in mental health law for 40 years. Devolution has afforded us the opportunity to change this outdated legislation and implement new laws that reflect not only the changes in healthcare provision but also changes in society.

"This progressive legislation recognises firstly, the individual needs of patients and identifies how best they can receive the most appropriate treatment. Secondly, it acknowledges that protection is needed for and from patients involved in criminal proceedings, marrying public protection with essential treatment for the patient.

"With its founding principles based on the views of all stakeholders in mental health services: professionals, patients and providers, this legislation sets the standard for future legislation in the Scottish Parliament and demonstrates that consultation and involvement can create robust and workable laws.

"However, as always the challenge lies in the implementation and we have concerns about the workload implications associated with the new tribunal system. I hope that the Scottish Executive will back up its commitment to introduce this landmark legislation with the resources that are vital to its success."

The Mental Heath (Care and Treatment) (Scotland) Act received royal assent in April 2003 and will come into force today (Wednesday 5 October 2005). Details of the Act can be found at: hmso.gov.uk/legislation/scotland/acts2003/20030013.htm

The Mental Health Act is based on 10 guiding principles which set the tone of the Act and guide its interpretation. The principles are: non-discrimination, equality, respect for diversity, reciprocity, informal care, participation, respect for carers, least restrictive alternative, benefit and child welfare.

A mental health tribunal will replace the Sheriff Court as a forum for hearing cases under the new act. The tribunal will be involved in considering care plans, deciding on compulsory treatment orders and carrying out reviews. Each tribunal will consist of a legally qualified person, a doctor with experience in mental health and a third person with other skills and experience (including service user or carer).