- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Mental Health (Cross-border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Amendment Regulations 2017 No. 229
7.—(1) Regulation 5 of the principal Regulations (responsible medical officer: notification of proposed application) is amended as follows.
(2) In paragraph (1), for sub-paragraph (b) substitute—
“(b)either—
(i)the patient’s named person; or
(ii)if the patient does not have a named person—
(aa)the patient’s primary carer; and
(ab)the patient’s nearest relative (if the responsible medical officer knows who that is);”.
(3) For paragraph (2) substitute—
“(2) A notice under this regulation, other than the notice given to the mental health officer, is to invite the recipient of the notice to inform the Scottish Ministers, within 7 days of the day on which the notice is given, of any wishes or preferences that person has in relation to the proposal to remove the patient from Scotland.”.
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