(This note is not part of the Order)
This Order makes provision in consequence of the Criminal Justice and Licensing (Scotland) Act 2010 (“the 2010 Act”) which, amongst other things, amended the Criminal Procedure (Scotland) Act 1995 to replace probation orders with community payback orders (see section 14 and paragraph 17 of schedule 2 of the 2010 Act).
Article 2 sets out consequential amendments to the Mental Health (Care and Treatment) (Scotland) Act 2003 which includes a power for nurses, in certain circumstances and for specified purposes, to detain a person who is in hospital for treatment. The amendments clarify that this power will apply where the person is in hospital by virtue of a community payback order which includes a mental health treatment requirement.
Article 3 provides that the amendments will not affect the nurse’s power to detain a person who is in hospital for treatment by virtue of a probation order which includes a mental health treatment requirement. This is necessary because probation orders remain available for persons convicted of offences committed before 1st February 2011, by virtue of savings provisions specified in SSI 2010/413.