Introduction
The Act
The Structure & a Summary of the Act
Glossary of terms used
Part One – the 2003 Act
Section 1: Measures until application determined
Amendment of sections 64 and 65
Section 2: Information where order extended
New section 87A
Section 3: Transfer to another hospital
Amendment of section 124
Section 4: Emergency detention in hospital
Amendment of sections 36, 38, 40 and 42
Section 5: Short term detention in hospital
Amendment of sections 44 and 46
Section 6: Meaning of temporary compulsion
Amendment of section 329
Section 7: Suspension of orders on emergency detention
Amendment of section 43
Section 8: Suspension of orders on short term detention
Amendment of section 56
Section 9: Suspension of detention for certain purposes
Section 10: Maximum suspension of detention measures
Amendment of section 127
Amendment of section 128
Amendment of section 224
Section 11: Specification for detention measures
Amendment of section 36 and 44 and new section 71A
Section 12: Transfer of prisoner to hospital unit
Amendment of section 136
Section 13: Transfer from specified unit
New section 124A
Section 14: Requirement for medical report
Amendment to section 264 and 268
Section 15: Process for enforcement of orders
Amendment of sections 266, 267, 270, 271 and 272
Section 16: Orders relating to non-state hospitals
Amendment of section 268
New section 271A
Section 17: Section 16: exercise of powers before commencement
Section 18: Meaning of hospital in sections 264 to 273 of the 2003 Act
Amendment to section 273
Section 19: Notifying decisions on removal orders
New section 295A
Section 20: Detention pending medical treatment
Amendment of Section 299
Section 21: periodical referral of cases
Amendment of section 101, 189 and 213
Section 22: Named person not to be automatic
Amendment to section 251, 253 and 318
Section 23: Consent to being named person
Amendment to sections 250 and 257
Section 24: Appointment of named person
Amendment of sections 255, 256, 257 and 320.
New section 257(3A)
Section 25: Ability to act if no named person
New section 257A
Section 26: Advance statements to be registered
New sections 276A, 276B and 276C
Section 27: information about advocacy services
New section 259A
Section 28: Communication at medical examination etc.
New section 261A
Section 29: Conflicts of interest to be avoided
New section 291A
Amendments to sections 36, 44, 47 and 58
Section 30: Safeguarding the patient’s interest
Amendment of section 245
Section 31: Services and accommodation for mothers
Amendment of section 24
Section 32: Cross-border transfer of patients
Amendment of sections 289, 290 and 309A
Section 33: Dealing with absconding patients
Amendment of section 303
Amendment of section 309 and 310
Section 34: Agreement to transfer of prisoners
Section 35: Compulsory treatment of prisoners
Amendment of schedule 2, part 2
New paragraph 1A, schedule 3
Section 36: Provision of information by the Commission
Section 37 – Review of deaths of patients in hospital for treatment
Part Two – Criminal Cases
Section 38: Making certain orders in remand cases
Amendments to sections 52B, 52C, 52D, 52F, 52K, 52L, 52M and 52P
Section 39: Detention under compulsion orders
Amendment of section 57
Section 40: Periods for assessment orders
Amendment to sections 52D, 52F, 52G and 52H
Section 41: Periods for treatment orders
Amendment of sections 52M, 52P, 52R
Section 42: Periods for short term compulsion
Amendment of sections 53, 53A, 53B and 54
Section 43: Periods for compulsion orders
Amendment of sections 57A, 57B and 57D
Section 44: Periods for hospital directions
Amendment of sections 59A and 59C
Section 45: Variation of interim compulsion orders
Amendment of section 53B
Section 46: Transfer of patient to suitable hospital
New section 61A
Section 47: Specification of Unit
New section 61B
Section 48: Transfer from specified unit
New section 218A
Section 49: Consequential repeals
Section 50: Information on extension of compulsion order
New section 153A
Section 51: Notification of changes to compulsion orders
Amendment of section 157 and 160
Section 52: Effect of revocation of restriction order
Amendment of section 198
Section 53: Clarification of meaning of compulsion order
Part Three – Victims’ Rights
Section 54: Right to information: offender imprisoned
Amendment of section 16 of the Criminal Justice (Scotland) Act 2003
Section 55: Right to information: compulsion order
New section 16A of the Criminal Justice Act 2003
New section 16B
New section 16C
Section 56: right to make representations
New section 17B
New section 17C
New section 17D
Section 57: information sharing.
New section 17E
Section 58: associated definitions
New section 18A
Section 59: Power to make modifications
New section 18B
Section 60: Amendments to the 2003 Act
Amendment to section 193
Part Four – Commencement and Short Title
Section 61: Commencement
Section 62: Short Title
Parliamentary History of Mental Health (Scotland) Act 2015