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

1. Introductory Text

2. PART I GENERAL

   1. 1. Citation, commencement, interpretation and extent

   2. 2. Application of Regulations

3. PART II REMOVAL OF PATIENTS FROM SCOTLAND

   1. 3. Responsible medical officer’s duties where application for warrant for removal is to be made

   2. 4. Designation of mental health officer responsible for patient’s case

   3. 5. Responsible medical officer: notification of proposed application

   4. 6. Mental health officer’s duties where application for warrant for removal is to be made

   5. 7. Warrant for removal: application by responsible medical officer

   6. 8. Information and factors to be considered in respect of an application for a warrant for removal

   7. 9. Notification of the decision

   8. 10. Warrant for removal

   9. 11. Suspension of effect of warrant

   10. 12. Patients subject to conditional discharge

   11. 13. Appeal to Tribunal

   12. 14. Appeals to the sheriff principal and Court of Session against certain decisions

   13. 15. Appeal to the Court of Session against certain decisions of the Tribunal

   14. 16. Delay of removal pending further appeal

   15. 17. Reference to Tribunal by Commission

   16. 18. Powers of the Tribunal on reference

   17. 19. Exclusion of appeal or reference: post removal

   18. 20. Notification requirements: post removal

   19. 21. Escorts from other territories: powers

   20. 22. Absconding

   21. 23. Cessation of measures

4. PART III RECEPTION OF PERSONS IN SCOTLAND

   1. 24. Reception in Scotland: consent

   2. 25. Directions

   3. 26. Application of regulations 27 to 29

   4. 27. Notification to relevant local authority

   5. 28. Designation of mental health officer responsible for patient’s case

   6. 29. Appointment of responsible medical officer

   7. 30. Reception in Scotland: general

   8. 31. Powers of escorts

   9. 32. Absconding

   10. 33. Patients subject to compulsory treatment order

   11. 34. Persons subject to compulsion order

   12. 35. Mental health officer’s duties

   13. 36. Assessment of patient: post transfer

   14. 37. Responsible medical officer’s duty to revoke: emergency detention certificate and short term detention certificate

   15. 38. Responsible medical officer’s duty to revoke: interim compulsory treatment order, compulsory treatment order and compulsion order

   16. 39. Responsible medical officer’s report and recommendation following assessment: compulsion order and restriction order

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

   18. 41. Notification requirements: post assessment

   19. 42. Preparation of a care plan

   20. 43. Provision of information to patient

   21. 44. Provision of assistance to patient with communication difficulties

   22. 45. Visits to patients: duty on Commission

   23. 46. Future treatment of patient

5. Signature

6. Explanatory Note