- Latest available (Revised)
- Point in Time (16/11/2015)
- Original (As enacted)
iBet uBet web content aggregator. Adding the entire web to your favor.
Link to original content: http://www.legislation.gov.uk/asp/2015/9/section/16/2015-11-16
Point in time view as at 16/11/2015.
There are currently no known outstanding effects for the Mental Health (Scotland) Act 2015, Section 16.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(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(a)in subsection (1), the word “qualifying” in the first place where it occurs is repealed,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(d)in subsection (6), the word “qualifying” in each place where it occurs is repealed,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(i)except in paragraph (e), the word “qualifying” in each place where it occurs is repealed,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(f)subsections (11) to (14) are repealed.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(a)in each of subsections (1) and (2), the word “qualifying” is repealed,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(a)in subsection (1), the word “qualifying” is repealed,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—
(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 ”.
Commencement Information
I1S. 16 in force at 16.11.2015 by S.S.I. 2015/361, art. 2
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Different options to open legislation in order to view more content on screen at once
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including:
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.