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The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011

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Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

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8.—(1) The Mental Health (Care and Treatment) (Scotland) Act 2003(1) is amended as follows.

(2) After section 3(3)(f) (equal opportunities), insert—

“(fa)(as respects its health service functions only) Healthcare Improvement Scotland;”.

(3) After section 281(5)(l) (correspondence of certain persons detained in hospital), insert—

“(1a) Healthcare Improvement Scotland;”.

(4) In section 298 (removal to a place of safety from a public place)—

(a)in subsection (5)(a)(ii), after “care service” insert “ or, independent health care service”; and

(b)in subsection (6), after the definition of “care service”, insert—

““independent health care service” means any of the following—

(a)

an independent hospital;

(b)

a private psychiatric hospital;

(c)

an independent clinic; or

(d)

an independent medical agency,

as each of those terms is defined in section 10F(2) of the National Health Service (Scotland) Act 1978 (c.29);.”.

(5) In section 329(1)(2) (interpretation)—

(a)for the definition of “independent health care service” substitute—

““independent health care service” means any of the following—

(a)

an independent hospital;

(b)

a private psychiatric hospital;

(c)

an independent clinic; or

(d)

an independent medical agency,

as each of those terms is defined in section 10F(2) of the National Health Service (Scotland) Act 1978   (c.29);; and”; and

(b)in the definition of “managers”, in paragraph (c), for the words from “Part 1” to the end of that paragraph, substitute “section 10Q(1) of the National Health Service (Scotland) Act 1978 (c.29), the person identified under section 10P(2)(b) of that Act in the application for registration”.

(2)

Section 329(1) was amended by S.S.I. 2005/465.

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