Office of Public Sector Information
PART 18 continued
(3) The conditions mentioned in subsection (2)(b) above include in particular conditions as to payment of call charges for calls made by or on behalf of specified persons.
(4) Regulations under this section may not authorise the interception of a telephone call made by a specified person to a person mentioned in subsection (6) below unless—
(a) the person has requested the interception of telephone calls made by the specified person to the person; or
(b) the telephone call is or would be unlawful for any reason other than one arising from provision made by virtue of this section.
(5) Regulations under this section may not authorise the interception of a telephone call made to a specified person by a person mentioned in subsection (6) below unless the telephone call is or would be unlawful for any reason other than one arising from provision made by virtue of this section.
(6) The persons referred to in subsections (4) and (5) above are—
(a) any of the persons mentioned in paragraphs (a) to (i), (k) to (n) and (p) of section 281(5) of this Act;
(b) the managers of the hospital in which the specified person is detained;
(c) a legally qualified person instructed by the specified person to act as the specified person’s legal adviser; and
(d) such other person as may be specified by the regulations.
(7) In this section “intercept”, in relation to a telephone call, includes—
(a) listen to, record or otherwise monitor; and
(b) interrupt, cut short, divert or prevent from being connected.
(8) For the purposes of this section, a telephone call is made when the telephone number of the person being called has been dialled.
(1) The Scottish Ministers may give to the managers of a hospital directions as to the implementation by those managers of regulations made under section 284(1) of this Act; and the managers shall comply with any such directions.
(2) The Scottish Ministers may require the managers of a hospital to provide them with a statement setting out such information as respects the implementation of the regulations by those managers as the Scottish Ministers may specify.
(1) Regulations may authorise—
(a) the search of such persons detained in hospital by virtue of this Act or the 1995 Act as may be specified in the regulations and of anything they have with them in the hospital in which they are detained;
(b) the taking, from external parts of the body of those persons and, by means of swabbing, from the mouth of those persons, of samples of body tissue, blood or other body fluid or other material, the taking hypodermically from those persons of samples of blood and the examination of those samples;
(c) the placing of restrictions on the kinds of things which those persons may have with them in the hospitals in which they are detained and the removal from them of articles kept in breach of such restrictions;
(d) the placing of prohibitions and restrictions on the entry into and the conduct while in those hospitals of persons (“visitors”) visiting those persons or otherwise entering or seeking to enter those hospitals and on the kinds of things which visitors may bring with them into those hospitals;
(e) the surveillance, whether directly or otherwise, of those persons and visitors;
(f) the search of visitors and of anything they bring with them into those hospitals,
and make that which is authorised subject to conditions specified in the regulations.
(2) Regulations may require the managers of each hospital of such class as is or classes as are specified to provide—
(a) the Scottish Ministers, on their request, with a statement describing how regulations made under subsection (1) above—
(i) have been implemented in that hospital during the period the Ministers specify in their request;
(ii) are being implemented there at the time of the request;
(iii) are proposed by those managers to be implemented there after that time;
(b) the Commission with statements of the incidence and circumstances of the implementation there of regulations under subsection (1) above in such ways as are specified.
(3) Regulations may confer power on the Commission, by direction—
(a) to prohibit the implementation of regulations under subsection (1) above in relation to a specified patient in a specified way;
(b) to require the managers of a hospital in which a specified patient is detained to notify a specified person that such a regulation has been implemented in relation to such a patient in such a way.
(4) In each of subsections (2) and (3) above, “specified” means specified in the regulations made under that subsection.
(5) The Scottish Ministers may give to the managers of a hospital directions as to the implementation by those managers of regulations made under subsection (1) above; and the managers shall comply with any such directions.
(6) Before making regulations under this section the Scottish Ministers shall consult such persons as they consider appropriate.
The Scottish Ministers may, for the purposes of the discharge of their functions under—
(a) Part 10, 11 or 13 of this Act; or
(b) section 52F, 52L or 52P of the 1995 Act,
in relation to a patient who has a responsible medical officer, require the patient’s responsible medical officer to provide them with such information as they may specify.
(1) Where subsections (2) and (3) below apply in relation to a person, the Scottish Ministers may pay to the person such amounts as they consider appropriate in respect of the person’s occasional personal expenses.
(2) This subsection applies where the person—
(a) has a mental disorder;
(b) has been admitted to a hospital; and
(c) is being given treatment there primarily for mental disorder.
(3) This subsection applies where it appears to the Scottish Ministers that the person would not otherwise have resources to meet the expenses in question.
(4) For the purposes of the National Health Service (Scotland) Act 1978 (c. 29), the making of payments under this section to persons for whom services are provided under that Act shall be treated as included among those services.
(5) In subsection (2) above, “hospital” means—
(a) any health service hospital (as defined in section 108(1) of the National Health Service (Scotland) Act 1978 (c. 29)); or
(b) any state hospital.
(1) Regulations may make provision for or in connection with the removal of a patient subject to a relevant requirement from Scotland to a place outwith Scotland (whether or not a place in the United Kingdom).
(2) Where that provision is made, the regulations shall—
(a) require a patient’s removal to be authorised by warrant issued by the patient’s responsible medical officer;
(b) provide that a responsible medical officer may give that authority only—
(i) where the patient has notified the responsible medical officer of the patient’s wish to be so removed; or
(ii) where, in the case where the patient is not capable of giving that notification, the patient’s named person has notified the responsible medical officer that that person considers that it is in the patient’s best interests to be so removed;
(c) provide that the responsible medical officer may give that authority only if satisfied that there are in existence, in the place to which the patient is to go after being so removed, arrangements which will secure for the patient measures, treatment, care or services corresponding or similar to those which the patient is subject to or is receiving by virtue of this Act or, as the case may be, the 1995 Act;
(d) require a patient’s responsible medical officer, before making a decision whether to authorise the removal of the patient, to notify—
(i) except where notification referred to in paragraph (b) above has been given by the patient’s named person, that person;
(ii) the mental health officer; and
(iii) the Commission,
of the circumstances of the case; and
(e) authorise a patient’s responsible medical officer to give directions in connection with the removal of the patient.
(3) References in this section to—
(a) a relevant requirement are, as respects a patient, references to a requirement imposed in relation to the patient under section 66(1) of this Act or section 57A(8) of the 1995 Act, not being detention in a hospital;
(b) a patient subject to a relevant requirement include references to a patient in respect of whom section 128(1) (either as enacted or as applied by section 179 of this Act) is in operation.
(1) Regulations may make provision for or in connection with—
(a) the removal, of a patient whose detention in hospital is authorised by virtue of this Act or the 1995 Act, from Scotland to a place outwith Scotland (whether or not a place in the United Kingdom);
(b) the removal, of a patient who for the purposes of being given treatment for mental disorder is in hospital otherwise than by virtue of this Act or the 1995 Act, from Scotland to a place outwith the United Kingdom;
(c) the reception in Scotland of a person subject to corresponding measures in England, Wales, Northern Ireland, the Isle of Man or the Channel Islands and removed from there.
(2) Where provision is made by regulations under paragraph (a) or (b) of subsection (1) above, the regulations shall—
(a) require a patient’s removal from Scotland to be authorised by warrant issued by the Scottish Ministers;
(b) require that, among the factors to which the Scottish Ministers have regard in deciding whether to authorise that removal, there are included, as well as the best interests of the patient, the following—
(i) the existence, in the place to which a patient is to go after being removed from Scotland, of arrangements which will secure for the patient measures, treatment, care or services corresponding or similar to those to which the patient is subject or is receiving by virtue of this Act or, as the case may be, the 1995 Act;
(ii) any wish or preference as to the patient’s removal from Scotland of which the patient has given notice to the Scottish Ministers; and
(iii) any risk to the safety of any person;
(c) require notice to be given to—
(i) the patient;
(ii) the patient’s named person;
(iii) the mental health officer; and
(iv) the Commission,
of any decision that the patient be removed from Scotland under the regulations;
(d) require any such giving of notice to be effected, in a case where removal is to a place in the United Kingdom, at least 7 days before the date proposed for the patient’s removal;
(e) require any such giving of notice to be effected, in a case where removal is to a place outwith the United Kingdom, at least 28 days before the date proposed for the patient’s removal;
(f) make provision for such a patient to be able to appeal against any such decision; and
(g) provide for such a patient’s removal not to take place until proceedings on any such appeal have been concluded.
(3) Where provision is made by regulations under paragraph (a) or (b) of subsection (1) above, the regulations may make provision for exceptions to provisions included in them by virtue of subsection (2)(c), (d), (e) or (g) above.
(4) Where provision is made by regulations under paragraph (c) of subsection (1) above, the regulations shall provide for the reception of patients in Scotland to take place only with the consent of the Scottish Ministers.
(5) Regulations under subsection (1) above may in particular—
(a) make provision for things done under the law of a territory other than Scotland to be treated as things done under provisions of the law of Scotland;
(b) confer powers and immunities on persons engaged in—
(i) escorting persons being moved under the regulations;
(ii) pursuing persons who have absconded while being so moved;
(iii) restraining persons who have absconded, or attempt to abscond, while being so moved;
(c) authorise the Scottish Ministers to arrange for any of their functions under the regulations to be exercised by other persons;
(d) authorise the Scottish Ministers to give directions in connection with removals of persons under the regulations or any particular such removal or removals;
(e) make provision amending provisions of this Act (other than this section) or any other enactment, or providing for any such provision or enactment to have effect with modification.
(6) Subsections (2) to (5) above are without prejudice to the generality of the powers conferred by subsection (1) above.
(7) References in this section to a patient whose detention in hospital is authorised by virtue of this Act or the 1995 Act include references to a patient—
(a) in respect of whom a certificate under section 41(1), 53(1), 127(1) or (3) (either as enacted or as applied by section 179 of this Act), 221(2) or 224(2) of this Act is in operation; or
(b) who has been conditionally discharged under section 193(7) of this Act and not recalled under section 202 of this Act.
(8) For the purposes of paragraph (c) of subsection (1) above, a person is subject to “corresponding measures” in a territory if under the law of that territory the person—
(a) is subject to measures corresponding or similar to detention in hospital authorised by virtue of this Act or the 1995 Act; or
(b) has a status corresponding or similar to that of a patient such as is mentioned in paragraph (b) of that subsection.
(1) This section applies where, otherwise than by virtue of this Act or the 1995 Act, a person (“the patient”)—
(a) has been admitted to a hospital; and
(b) is being given treatment there primarily for mental disorder.
(2) A person mentioned in subsection (4) below may apply to the Tribunal for an order requiring the managers of the hospital to cease to detain the patient.
(3) On an application under subsection (2) above the Tribunal shall—
(a) if satisfied that the patient is being unlawfully detained in the hospital, make the order mentioned in subsection (2) above; or
(b) if not satisfied about the matter mentioned in paragraph (a) above, refuse the application.
(4) The persons referred to in subsection (2) above are—
(a) the patient;
(b) the patient’s named person;
(c) if the patient is a child, any person who has parental responsibilities in relation to the patient;
(d) a mental health officer;
(e) the Commission;
(f) any guardian of the patient;
(g) any welfare attorney of the patient; and
(h) any other person having an interest in the welfare of the patient.
(5) Subsection (2) above is without prejudice to any right that a person has by virtue of any enactment or rule of law.
(6) In subsection (4)(c) above, “child” and “parental responsibilities” have the same meanings as they have in Part I of the Children (Scotland) Act 1995 (c. 36).
Mental Health (Care and Treatment) (Scotland) Act 2003