PART 1THE 2003 ACT

Specification of hospital units

I113Transfer from specified unit

1

The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

2

After section 124 there is inserted—

124ATransfer to other hospital unit

1

Subsection (2) below applies where—

a

the detention of a patient in hospital is authorised by—

i

a compulsory treatment order, or

ii

an interim compulsory treatment order, and

b

that order specifies the hospital unit in which the patient is to be detained.

2

The managers of the hospital in which the patient is detained may transfer the patient to another hospital unit within the same hospital.

3

In relation to a transfer or proposed transfer under subsection (2) above, section 124(4) to (14) of this Act applies subject to the following modifications—

a

a reference to section 124(2) is to be read as a reference to subsection (2) above,

b

subsection (10)(a) is to be ignored,

c

in subsection (12), a reference to the hospital from which the patient is transferred is to be read as a reference to the hospital in which the patient is detained,

d

in subsections (13)(b) and (14), a reference to the hospital to which the patient is transferred is to be read as a reference to the hospital unit to which the patient is transferred.

4

For the purposes of this section, “hospital unit” means any part of a hospital which is treated as a separate unit.