PART 1THE 2003 ACT
Specification of hospital units
I111Specification for detention measures
1
The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.
2
In section 36 (emergency detention in hospital), after subsection (12) there is inserted—
13
A reference in this section to a hospital may be read as a reference to a hospital unit.
14
For the purpose of subsection (13) above, “hospital unit” means any part of a hospital which is treated as a separate unit.
3
In section 44 (short-term detention in hospital), after subsection (11) there is inserted—
12
In this section and sections 46 to 49 of this Act, a reference to a hospital may be read as a reference to a hospital unit.
13
For the purposes of subsection (12) above, “hospital unit” means any part of a hospital which is treated as a separate unit.
4
After section 71 there is inserted—
71ACompulsory treatment in hospital unit
1
In sections 62 to 68 of this Act, a reference to a hospital may be read as a reference to a hospital unit.
2
For the purposes of subsection (1) above, “hospital unit” means any part of a hospital which is treated as a separate unit.
I212Transfer of prisoner to hospital unit
1
The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.
2
In section 136 (transfer of prisoners for treatment for mental disorder), after subsection (10) there is inserted—
11
A reference in this section to a hospital may be read as a reference to a hospital unit.
12
For the purpose of subsection (11) above, “hospital unit” means any part of a hospital which is treated as a separate unit.
I313Transfer 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.