The Act establishes that medical professionals can legally detain and treat people through short term detention on the grounds of exhibiting signs of mental disorders, with the Mental Health Tribunal for Scotland and the Mental Welfare Commission for Scotland providing safeguards against mistreatment on the grounds of maintaining non-discrimination practices.

Detainees can apply to the Mental Health Tribunal for revocation of short-term certificates.

Additionally, short-term detentions may be extended for periods of up to three working days, to facilitate applications to the Mental Health Tribunal for compulsory treatment orders.

Saturdays, Sundays and Scottish bank holidays are not counted as working days.

Unless a certificate is completed for someone who is already in a mental health hospital, both forms of detention are preceded by detention of up to 72 hours in what are called 'places of safety', while transport to hospital is arranged.