- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
7. In the application of section 303 of the 2003 Act to a person mentioned in regulation 6–
(a)references to a patient shall be construed as references to a person as mentioned in regulation 6;
(b)references in subsection (1)(b) and (c) to any other place considered appropriate by the patient’s responsible medical officer shall be construed as references to any place considered appropriate by–
(i)the person who, in relation to a person mentioned in regulation 6, carries out the role in a relevant territory which is corresponding or similar to that of a patient’s responsible medical officer; or
(ii)any medical practitioner;
(c)the words in subsection (1)(b) “return the patient to the hospital in which the patient was detained or, as the case may be, take the patient to the hospital in which the patient was to be detained or, if that is not appropriate or practicable,” shall not apply;
(d)subsections (2) and (3)(b) shall not apply;
(e)the reference in subsection (3)(a)(iii) to a compulsory treatment order a condition of which requires the patient to reside in an establishment the address of which is specified in the order shall be construed as a reference to a measure in a relevant territory which is corresponding or similar to a compulsory treatment order or a compulsion order which requires a patient to reside in an establishment the address of which is specified in the order;
(f)the reference in subsection (3)(a)(iv) to the patient’s responsible medical officer shall be construed as a reference to the person who, in relation to a person mentioned in regulation 6, carries out the role in a relevant territory which is corresponding or similar to that of a patient’s responsible medical officer;
(g)the period specified in subsection (4) shall be any period in which the person is in Scotland and is subject to corresponding measures or corresponding requirements in a relevant territory; and
(h)subsections (5) and (7) shall not apply.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: