PART IIREMOVAL OF PATIENTS FROM SCOTLAND

Absconding12

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

    1. a

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