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(1) 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.

(1)

S.I. 1991/570.