Mental Health (Scotland) Act 2015

Ehangu'r holl Nodiadau Esboniadol

Arrangements for treatment of prisoners

34 Agreement to transfer of prisoners

(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 paragraph (a) of subsection (3) there is inserted—

“(aa) that—

(i) a mental health officer has agreed to the making of the direction, or

(ii) it has been impracticable to obtain the agreement of a mental health officer;”.

35 Compulsory 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;””.