National Health Service (Scotland) Act 1978, Section 102 is up to date with all changes known to be in force on or before 08 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)The Secretary of State shall provide such hospitals as appear to him to be necessary for persons subject to detention under [F2the Criminal Procedure (Scotland) Act 1995 (c. 46) or] the [F3Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)] who require treatment under conditions of special security on account of their dangerous, violent or criminal propensities.
(2)Hospitals provided by the Secretary of State under subsection (1) are referred to in this Act as “state hospitals”.
(3)Subject to subsection (4) and section 2, state hospitals shall be under the control and management of the Secretary of State.
(4)The Secretary of State may provide for the management of a state hospital to be undertaken on his behalf by—
(a)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(b)A Health Board, a Special Health Board, the Agency or an NHS trust to the extent that power to do so is delegated to the Board, Agency or trust by the Secretary of State.
(5)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]
Textual Amendments
F1S. 102 substituted (1.4.1995) by 1994 c. 16, s. 1; S.I. 1995/576, art. 2
F2Words in s. 102(1) inserted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(2)-(4), Sch. 4 para. 3(a), S.S.I. 2005/161, art. 3
F3Words in s. 102(1) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(2)-(4), Sch. 4 para. 3(b), S.S.I. 2005/161, art. 3
F4S. 102(4)(a) and word repealed (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 280(a), 331(1)(2), 333(2)-(4), Sch. 5 Pt. 1; S.S.I. 2005/161, art. 3
F5S. 102(4)(b) substituted (1.10.1999) by 1999 c. 8, s. 65(1), Sch. 4 para. 59; S.S.I. 1999/90, art. 2(a)(b), Sch. 1
F6S. 102(5) repealed (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 280(b), 331(1)(2), 333(2)-(4), Sch. 5 Pt. 1; S.S.I. 2005/161, art. 3
Modifications etc. (not altering text)
C1S. 102 restricted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 210(6), 215(8), 333(2)-(4); S.S.I. 2005/161, art. 3
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