PART 1THE 2003 ACT
Cross-border transfers and absconding patients
I1I232Cross-border transfer of patients
1
The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.
2
In section 289 (cross-border transfer: patients subject to requirement other than detention), in paragraph (b) of subsection (1)—
a
the words from “a person” to the end become sub-paragraph (i),
b
after that sub-paragraph (as so numbered) there is inserted—
ii
a person subject to corresponding requirements in a member State of the European Union (apart from the United Kingdom) and removed from that State.
3
In section 290 (cross-border transfer: patients subject to detention requirement or otherwise in hospital)—
a
in paragraph (c) of subsection (1)—
i
the words from “a person” to the end become sub-paragraph (i),
ii
after that sub-paragraph (as so numbered) there is inserted—
ii
a person subject to corresponding measures in a member State of the European Union (apart from the United Kingdom) and removed from that State.
b
for paragraph (f) of subsection (2) there is substituted—
f
enable an appeal against any such decision to be made by—
i
such a patient,
ii
the named person of such a patient,
iii
if such a patient has no named person—
any guardian of such a patient,
any welfare attorney of such a patient,
the primary carer (if any) of such a patient,
the nearest relative of such a patient;
4
In section 309A (cross-border visits: leave of absence), in subsection (1)—
a
the words from “a person” to the end become paragraph (a),
b
after that paragraph (as so numbered) there is inserted—
b
a person who is subject to a corresponding suspension of detention in a member State of the European Union (apart from the United Kingdom).