The Mental Health (Detention in Conditions of Excessive Security) (Scotland) Regulations 2015 No. 364

Further provision about when a hospital’s level of security is excessive S

6.—(1) Paragraph (2) makes provision for the purposes of—

(a) sections 268 to 271 of the 2003 Act; and

(b) regulation 5.

(2) A patient’s detention in a hospital is to be taken to involve the patient being subject to a level of security that is excessive in the patient’s case only when the security at the hospital is greater than is necessary to safely manage the risk that the patient may pose to—

(a) the patient’s own safety; and

(b) the safety of any other person.

Commencement Information

I1 Reg. 6 in force at 16.11.2015, see reg. 1