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.