http://www.legislation.gov.uk/asp/2015/9/section/16Mental Health (Scotland) Act 2015An Act of the Scottish Parliament to amend the Mental Health (Care and Treatment) (Scotland) Act 2003 in various respects; to make provision about mental health disposals in criminal cases; to make provision as to the rights of victims of crime committed by mentally-disordered persons; and for connected purposes.texttext/xmlenStatute Law Database2017-11-18Expert Participation2017-09-30PART 1THE 2003 ACT<Emphasis>Orders regarding level of security</Emphasis>Orders relating to non-state hospitals161The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.2In section 268 (detention in conditions of excessive security: hospitals other than state hospitals)—ain subsection (1), the word “qualifying” in the first place where it occurs is repealed,bin subsection (2), for the words from “detention” to “patient's case” there is substituted “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
”,cin 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
”,din subsection (6), the word “qualifying” in each place where it occurs is repealed,ein subsection (10)—iexcept in paragraph (e), the word “qualifying” in each place where it occurs is repealed,iiin paragraph (e), for the words “qualifying hospital” there is substituted “
hospital in which the patient is detained
”,fsubsections (11) to (14) are repealed.3In section 269 (order under section 268: further provision)—ain each of subsections (1) and (2), the word “qualifying” is repealed,bin subsection (3), for the words from “detention” to “patient's case” there is substituted “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
”,cin 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
”.4In section 271 (orders under sections 268 to 270: recall)—ain subsection (1), the word “qualifying” is repealed,bin subsection (2)(a), for the words from “detention” to “patient's case” there is substituted “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
”.5After section 271 there is inserted—<Emphasis>Process for orders: further provision</Emphasis>Regulation-making powers271A1A hospital is a “qualifying hospital” for the purposes of sections 268 to 271 of this Act if—ait is not a state hospital, andbit is specified, or is of a description specified, in regulations.2Regulations may specify the test for the purposes of sections 268(2), 269(3) and 271(2)(a) of this Act.3Regulations under subsection (2) above specifying the test—amust 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, andbmay include further requirements for the test to be met in relation to a patient.4Regulations may make provision about when, for the purposes of—aany regulations made under subsection (2) above, andbsections 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.5Regulations 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..6In 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—aif the patient is also subject to a restriction order, a compulsion order,ba hospital direction, orca transfer for treatment direction..7In section 326 (orders, regulations and rules), in subsection (4)(c), for the words “268(11) to (14)” there is substituted “
271A
”.S. 16 in force at 16.11.2015 by S.S.I. 2015/361, art. 2
