The Mental Health (England and Wales Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations 2008

Absconding

12.—(1) Paragraph (4) applies if–

(a) a warrant for removal of the patient has been issued under regulation 7; and

(b) the patient falls within paragraph (2) or (3).

(2) A patient falls within this paragraph if while being conveyed to or travelling to the country or territory to which the patient is being removed, the patient absconds.

(3) A patient falls within this paragraph if the patient–

(a) is being conveyed to, or is travelling in, England and Wales but has not yet reached their destination;

(b) absconds before the measures to which the patient is subject in Scotland ceases to have effect by virtue of regulation 13; and

(c) returns to Scotland.

(4) Sections 301 and 303 and regulations under section 310 of the 2003 Act will apply to the patient subject to the modifications in paragraph (5).

(5) In section 301–

(a) in subsection (1)(a)(ii) omit the word “or”;

(b) in subsection (1)(b) after the word “absconds” insert–

• “; or

  (c)

  while being removed from Scotland by virtue of regulations made under section 289 of this Act, absconds.”.