PART 1THE 2003 ACT

Cross-border transfers and absconding patients

I1I232Cross-border transfer of patients

1

The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

2

In section 289 (cross-border transfer: patients subject to requirement other than detention), in paragraph (b) of subsection (1)—

a

the words from “a person” to the end become sub-paragraph (i),

b

after that sub-paragraph (as so numbered) there is inserted—

ii

a person subject to corresponding requirements in a member State of the European Union (apart from the United Kingdom) and removed from that State.

3

In section 290 (cross-border transfer: patients subject to detention requirement or otherwise in hospital)—

a

in paragraph (c) of subsection (1)—

i

the words from “a person” to the end become sub-paragraph (i),

ii

after that sub-paragraph (as so numbered) there is inserted—

ii

a person subject to corresponding measures in a member State of the European Union (apart from the United Kingdom) and removed from that State.

b

for paragraph (f) of subsection (2) there is substituted—

f

enable an appeal against any such decision to be made by—

i

such a patient,

ii

the named person of such a patient,

iii

if such a patient has no named person—

  • any guardian of such a patient,

  • any welfare attorney of such a patient,

  • the primary carer (if any) of such a patient,

  • the nearest relative of such a patient;

4

In section 309A (cross-border visits: leave of absence), in subsection (1)—

a

the words from “a person” to the end become paragraph (a),

b

after that paragraph (as so numbered) there is inserted—

b

a person who is subject to a corresponding suspension of detention in a member State of the European Union (apart from the United Kingdom).