The Mental Health (England and Wales Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations 2008

Warrant for removal

7.—(1) Subject to paragraph (2), where the responsible medical officer decides that a patient be removed from Scotland the responsible medical officer shall issue a warrant for removal which shall authorise that patient’s removal from Scotland.

(2) No warrant for removal shall be issued by the responsible medical officer until any consent required in England or Wales has been obtained.

(3) In issuing a warrant for removal the responsible medical officer may give directions for the patient’s conveyance to the patient’s destination on removal from Scotland.

(4) The warrant for removal shall specify an effective date for the patient’s removal and a warrant issued under this regulation will only authorise removal of the patient within the period of 14 days which begins on the day after the effective date.

(5) In issuing the warrant for removal, the responsible medical officer shall immediately send a copy of the warrant to–

(a) the patient;

(b) the patient’s named person;

(c) any guardian of the patient;

(d) any welfare attorney of the patient;

(e) the Commission;

(f) the managers of the hospital specified in the patient’s order;

(g) the mental health officer;

(h) the responsible hospital in England or Wales; and

(i) if applicable, the responsible clinician in England or Wales.

(6) In this regulation “effective date ” is the date specified by the responsible medical officer in the warrant as the date on or after which the removal is authorised to take place and shall be not sooner than 3 working days beginning with the day after the date on which the warrant is signed by the responsible medical officer.