PART 1THE 2003 ACT

Arrangements for treatment of prisoners

I135Compulsory treatment of prisoners

1

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

2

In schedule 2 (the Mental Health Tribunal for Scotland), in paragraph 7—

a

in sub-paragraph (4), for the words “(other than proceedings relating solely to an application under section 255 or 256 of this Act)” there is substituted “ (other than excepted proceedings) ”,

b

after sub-paragraph (4) there is inserted—

4A

For the purpose of sub-paragraph (4) above, the following are excepted proceedings—

a

proceedings relating solely to an application under section 255 or 256 of this Act, or

b

proceedings relating to an application for a compulsory treatment order in respect of a patient subject to—

i

a hospital direction, or

ii

a transfer for treatment direction.

3

In schedule 3 (application of Chapter 1 of Part 7 to certain patients), after paragraph 1 there is inserted—

1A

In the case of a patient subject to a hospital direction or a transfer for treatment direction, section 60(1) of this Act shall have effect as if, after paragraph (b), there were inserted—

ba

to the Scottish Ministers;