The Commission was original established by the Mental Health (Scotland) Act 1960 (8 & 9 Eliz.
The Commission is accountable to the Scottish Government Health and Social Care Directorates for its statutory duties and how its public money is spent.
It has statutory duties to safeguard the interests of people considered to be mentally disordered or incapacitated under the Mental Health (Care and Treatment) (Scotland) Act 2003 or the Adults with Incapacity (Scotland) Act 2000.
The Commission also works closely with several other organisations including the Office of the Public Guardian, Scottish Public Services Ombudsman (SPSO), Scottish Social Services Council (SSSC), Healthcare Improvement Scotland and the Care Inspectorate[4] The offices of the Commission are based in Edinburgh.
In 2005 the Scottish Executive had wanted the Commission to relocate to Falkirk as part of a Scotland-wide approach to the location of government jobs.