The Mental Health (Cross border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005

Responsible medical officer’s report and recommendation following assessment: hospital direction and transfer for treatment direction

40.—(1) Subject to the modifications in paragraph (2), section 207 of the 2003 Act shall have effect in respect of a patient who has become treated as if they are subject to a compulsion order and a restriction order by virtue of regulation 30.

(2) The modifications referred to are–

(a) in subjection (1), after “Act” insert “ or an assessment under regulation 36(1) of the Mental Health (Cross-border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005”;

(b) in subsection (2), after “review” insert “or assessment”;

(c) in subsection (3)(a), after “Act” insert or “regulation 36(4)(a) of those Regulations”;

(d) in subsection (4)–

(i) after “by” insert–

• “–”;

  (a)

  ”;

(ii) after “Act” insert–

• “; or

  (b)

  the mental health officer consulted under regulation 36(2) of those regulations,”;

(e) in subsection (5) for “persons consulted under section 206(3)(c)” substitute “the person referred to in subsection (4)(a) and (b)”; and

(f) in subsection (5)(b)(ii) after “Act” insert “or paragraph (4)(a)(ii) and (iii) of regulation 36 of those Regulations”.