The Mental Health (Safety and Security) (Scotland) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations authorise measures listed in section 286(1)(a) to (f) of the Mental Health (Care and Treatment) Act 2003 and provide for the designation of specified persons who are to be subject to the measures to protect the safety and security of themselves and others.

Regulation 2 provides that persons detained in hospital are specified persons if they are patients in a state hospital or the Orchard Clinic in Edinburgh or their responsible medical officer has reason to believe that they have tried or will try to obtain any item which could threaten health and safety or the security or good order of the hospital. The person detained must be informed of the specification and its implications, the right to a review of specification and to a re-assessment of risk when measures are imposed.

Regulation 3 provides for a review of specification at the request of the specified person.

Regulation 4 gives authority for specified persons to be subject to the following measures; searching, the taking of samples of body tissue or fluid, restriction of possessions in hospital and removal of restricted items, restrictions or prohibition of visitors and the searching of visitors and the surveillance of specified persons and their visitors. The implementation of the measures is subject to general and particular conditions.

Regulation 5 imposes general conditions on the exercise of the measures. The responsible medical officer must consider the risk to health, safety and welfare of any person or the risk to the security or good order of the hospital of not applying the measures. The specified person or visitor may ask for the re-assessment of that risk. A record must be made of the implementation of the measures.

Regulations 6 to 11 impose particular conditions on the exercise of individual measures.

Regulation 12 specifies all hospitals as being required to provide statements about the implementation of the Regulations to the Scottish Ministers and the Mental Welfare Commission for Scotland (“the Commission”). Statements must be made available to the Commission at the hospital and sent to them on request.

Regulation 13 confers power on the Commission to make a direction. Such a direction may prohibit the implementation of the regulations in respect of certain patients for a period of up to 6 months unless implemented under the supervision of or with the permission of the Commission. The type of patient who can be the subject of a direction is one in respect of whom the Commission has reviewed the implementation of the regulations. The Commission may also direct that the patient’s named person has to be notified that a regulation has been implemented in this way.