Mental Health (Care and Treatment) (Scotland) Act 2003

[F1 Eligibility S

Textual Amendments

F1 Sch. 1A inserted (18.1.2014 for the purpose of the insertion of sch. 1A paras. 1, 2, 5, 16.5.2014 for the purpose of the insertion of sch. 1A paras. 3, 7(3)-(6), 14, 1.7.2014 in so far as not already in force) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 31(2), 34(1); S.S.I. 2014/117, arts. 2, 3

7 (1) NCF may receive testimony from any eligible person whose application to provide testimony has been accepted by NCF. S

(2) An “eligible person” is a person who—

(a) is 16 years of age or over,

(b) was placed in an establishment providing institutional care during the person's childhood, and

(c) is no longer in that care.

(3) In this schedule “institutional care” means a care or health service which meets the conditions in sub-paragraph (4) and is of a description or type prescribed by order made by the Scottish Ministers.

(4) The conditions are that the care or health service—

(a) was provided to children in Scotland at some time (whether or not the service is still provided),

(b) included residential accommodation for the children, and

(c) was provided by a body corporate or unincorporated.

(5) An order under sub-paragraph (3) may not prescribe a service provided at premises used wholly or mainly as a private dwelling.

(6) An order under sub-paragraph (3) is subject to the affirmative procedure.]