The Mental Health (Relevant Health Board for Patients Detained in Conditions of Excessive Security) (Scotland) Regulations 2006

Scottish Statutory Instruments

2006 No. 172

MENTAL HEALTH

The Mental Health (Relevant Health Board for Patients Detained in Conditions of Excessive Security) (Scotland) Regulations 2006

Made

22nd March 2006

Laid before the Scottish Parliament

23rd March 2006

Coming into force

1st May 2006

The Scottish Ministers, in exercise of the powers conferred by section 273 of the Mental Health (Care and Treatment) (Scotland) Act 2003(1), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Mental Health (Relevant Health Board for Patients Detained in Conditions of Excessive Security) (Scotland) Regulations 2006 and shall come into force on 1st May 2006.

Relevant Health Board

2.  For the purposes of Chapter 3 (detention in conditions of excessive security) of Part 17 (patient representation etc.) of the Mental Health (Care and Treatment) (Scotland) Act 2003, “relevant Health Board” means–

(a) in relation to a patient who resided ordinarily in Scotland immediately before the making of the compulsory treatment order, compulsion order, hospital direction or transfer for treatment direction by which their detention in hospital is authorised, the Health Board which, immediately before that order or, as the case may be, direction was made, would have had the function in accordance with article 2(1)(a) of the Functions of Health Boards (Scotland) Order 1991(2) to provide for the health care of the patient; and

(b) in relation to a patient who did not reside ordinarily in Scotland immediately before the making of such an order or, as the case may be, direction by which their detention in hospital is authorised, the Health Board for the area in which the hospital where the patient is detained is situated.

LEWIS MACDONALD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

22nd March 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for the determination of the Health Board which is, in relation to specified descriptions of patients, the relevant Health Board for the purposes of Chapter 3 of Part 17 of the Mental Health (Care and Treatment) (Scotland) Act 2003, which makes provision in relation to detention in conditions of excessive security in state and other hospitals.

(1)

2003 asp 13. See section 329 for the definition of “regulations”.

(2)

S.I. 1991/570.