PART 1THE 2003 ACT
Orders regarding level of security
I116Orders relating to non-state hospitals
1
The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.
2
In section 268 (detention in conditions of excessive security: hospitals other than state hospitals)—
a
in subsection (1), the word “qualifying” in the first place where it occurs is repealed,
b
in subsection (2), for the words from “detention” to “patient's case” there is substituted “
the test specified in regulations made under section 271A(2) of this Act is met in relation to the patient
”
,
c
in subsection (5), for the words from “to the managers” to the end there is substituted “
of the name of the hospital so identified to the managers of the hospital in which the patient is detained
”
,
d
in subsection (6), the word “qualifying” in each place where it occurs is repealed,
e
in subsection (10)—
i
except in paragraph (e), the word “qualifying” in each place where it occurs is repealed,
ii
in paragraph (e), for the words “qualifying hospital” there is substituted “
hospital in which the patient is detained
”
,
f
subsections (11) to (14) are repealed.
3
In section 269 (order under section 268: further provision)—
a
in each of subsections (1) and (2), the word “qualifying” is repealed,
b
in subsection (3), for the words from “detention” to “patient's case” there is substituted “
the test specified in regulations made under section 271A(2) of this Act is met in relation to the patient
”
,
c
in subsection (6), for the words from “to the managers” to the end there is substituted “
of the name of the hospital so identified to the managers of the hospital in which the patient is detained
”
.
4
In section 271 (orders under sections 268 to 270: recall)—
a
in subsection (1), the word “qualifying” is repealed,
b
in subsection (2)(a), for the words from “detention” to “patient's case” there is substituted “
the test specified in regulations made under section 271A(2) of this Act is not met in relation to the patient
”
.
5
After section 271 there is inserted—
Process for orders: further provision
271ARegulation-making powers
1
A hospital is a “qualifying hospital” for the purposes of sections 268 to 271 of this Act if—
a
it is not a state hospital, and
b
it is specified, or is of a description specified, in regulations.
2
Regulations may specify the test for the purposes of sections 268(2), 269(3) and 271(2)(a) of this Act.
3
Regulations under subsection (2) above specifying the test—
a
must include as a requirement for the test to be met in relation to a patient that the Tribunal be satisfied that detention of the patient in the hospital in which the patient is being detained involves the patient being subject to a level of security that is excessive in the patient's case, and
b
may include further requirements for the test to be met in relation to a patient.
4
Regulations may make provision about when, for the purposes of—
a
any regulations made under subsection (2) above, and
b
sections 268 to 271 of this Act,
a patient's detention in a hospital is to be taken to involve the patient being subject to a level of security that is excessive in the patient's case.
5
Regulations may modify sections 264 and 268 of this Act so as to provide that a person must meet criteria besides being a medical practitioner in order to prepare a report for the purpose of subsection (7A) in each of those sections.
6
In section 273 (interpretation of Chapter), for the definition of “relevant patient” there is substituted—
“relevant patient” means a patient whose detention in hospital is authorised by—
a
if the patient is also subject to a restriction order, a compulsion order,
b
a hospital direction, or
c
a transfer for treatment direction.
7
In section 326 (orders, regulations and rules), in subsection (4)(c), for the words “268(11) to (14)” there is substituted “
271A
”
.