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Scottish Statutory Instruments

2008 No. 356

MENTAL HEALTH

The Mental Health (England and Wales Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations 2008

Made

2nd November 2008

Coming into force

3rd November 2008

Contents

Go to Preamble

  1. PART I

    GENERAL

    1. 1.Citation, commencement and interpretation

    2. 2.Application of Regulations

  2. PART II

    REMOVAL OF PATIENTS FROM SCOTLAND

    1. 3.Responsible medical officer’s duties: notification of proposed removal

    2. 4.Mental health officer’s duties where notified of proposed removal

    3. 5.Information and factors to be considered by responsible medical officer in respect of a warrant for removal

    4. 6.Notification of decision

    5. 7.Warrant for removal

    6. 8.Appeal to Tribunal

    7. 9.Appeal from Tribunal

    8. 10.Notification requirements: post removal

    9. 11.Escorts from other territories: powers

    10. 12.Absconding

    11. 13.Cessation of requirements

  3. PART III

    RECEPTION OF PERSONS IN SCOTLAND

    1. 14.Reception in Scotland: consent

    2. 15.Directions

    3. 16.Notification to relevant local authority

    4. 17.Designation of mental health officer responsible for patient’s case

    5. 18.Appointment of responsible medical officer

    6. 19.Reception in Scotland: general

    7. 20.Patients subject to compulsory treatment order

    8. 21.Patients subject to compulsion order

    9. 22.Powers of escorts

    10. 23.Absconding

    11. 24.Mental health officer duties

    12. 25.Assessment of patients: post transfer

    13. 26.Responsible medical officer’s duty to revoke: compulsory treatment order

    14. 27.Responsible medical officer’s duty to revoke: compulsion order

    15. 28.Notification requirements: post assessment

    16. 29.Preparation of a care plan

    17. 30.Provision of information to patient

    18. 31.Provision of assistance to patient with communication difficulties

    19. 32.Visits to patients: duty on Commission

    20. 33.Future treatment of patient

  4. PART IV

    AMENDMENT OF OTHER LEGISLATION

Go to Explanatory Note

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 289 and 326 of the Mental Health (Care and Treatment) (Scotland) Act 2003(1) and all other powers enabling them to do so.

In accordance with section 326(4) of that Act a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

(1)

2003 asp 13; section 289 was amended by the Adult Support and Protection (Scotland) Act 2007 (asp 10) (“ASP 2007”), section 71(1); section 326(4)(c) was amended by ASP 2007, section 71(4). Back [1]

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