PART 1THE 2003 ACT
Orders regarding level of security
I114Requirement for medical report
1
The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.
2
In section 264 (detention in conditions of excessive security: state hospitals), after subsection (7) there is inserted—
7A
An application may not be made under subsection (2) above unless it is accompanied by a report prepared by a medical practitioner which—
a
states that in the practitioner's opinion the patient does not require to be detained under conditions of special security that can be provided only in a state hospital, and
b
sets out the practitioner's reasons for being of that opinion.
3
In section 268 (detention in conditions of excessive security: hospitals other than state hospitals), after subsection (7) there is inserted—
7A
An application may not be made under subsection (2) above unless it is accompanied by a report prepared by a medical practitioner which—
a
states that in the practitioner's opinion the test specified in regulations made under section 271A(2) of this Act is met in relation to the patient, and
b
sets out the practitioner's reasons for being of that opinion.