In regulation 7(2) of the principal Regulations (warrant for removal: application by responsible medical officer), for sub-paragraphs (a) to (c) substitute—

“(aa)

the names and addresses of the persons notified under sub-paragraphs (a) to (d) of regulation 5(1);”.

After regulation 7 of the principal Regulations insert—

“Application for fast-track removal with consent7A.

(1)

In an application under regulation 7 for a warrant, the responsible medical officer may request that the warrant authorise the patient’s removal from Scotland before the end of the standstill period.

(2)

The responsible medical officer may make the request mentioned in paragraph (1) only if—

(a)

the place to which it is proposed the patient will go after being removed from Scotland is in—

(i)

England;

(ii)

Wales;

(iii)

Northern Ireland;

(iv)

any of the Channel Islands; or

(v)

the Isle of Man;

(b)

the patient has given written consent to being removed before the end of the standstill period;

(c)

an approved medical practitioner, who is not the patient’s responsible medical officer, has certified that the patient is capable of giving that consent; and

(d)

the patient’s named person (if the patient has one) has given written consent to the patient being removed before the end of the standstill period.

(3)

If the responsible medical officer intends to make the request mentioned in paragraph (1), the responsible medical officer must inform the Commission of that fact before making the application.

(4)

An application under regulation 7 which includes the request mentioned in paragraph (1) must—

(a)

state the date on which the responsible medical officer informed the Commission of the officer’s intention to make the request as required by paragraph (3); and

(b)

be accompanied by a copy of the following documents—

(i)

the written consent of the patient referred to in paragraph (2)(b);

(ii)

the certificate referred to in paragraph (2)(c); and

(iii)

if the patient has a named person, the written consent referred to in paragraph (2)(d).”.

In regulation 8(1) of the principal Regulations (information and factors to be considered in respect of an application for a warrant for removal), for the words from “the information” to the end substitute―

“(a)

the information provided by the responsible medical officer in the application; and

(b)

any wishes or preferences in relation to the proposal to remove the patient from Scotland of which the Scottish Ministers have been informed by a person invited to do so in a notice under regulation 5.”.

After regulation 10 insert—

“Warrant for fast-track removal with consent10A.

(1)

If the conditions in paragraph (2) are met, the Scottish Ministers are to state in a warrant under regulation 10 that—

(a)

it authorises the patient’s removal from Scotland before the end of the standstill period; but

(b)

that is subject to the patient not withdrawing consent and there being neither an appeal nor a reference to the Tribunal under regulation 13 or 17 respectively.

(2)

The conditions for the purpose of paragraph (1) are—

(a)

that the application for the warrant—

(i)

requests that the warrant authorise the patient’s removal before the end of the standstill period; and

(ii)

complies with the requirements set out in regulation 7A(4);

(b)

more than 3 days have elapsed since the responsible medical officer informed the Commission of the officer’s intention to make the request mentioned in sub-paragraph (a)(i); and

(c)

the Scottish Ministers have not received—

(i)

notice under regulation 13B(1) of an appeal against the proposed removal of the patient from Scotland; or

(ii)

notice under regulation 17(2) of a reference by the Commission in respect of the proposed removal of the patient from Scotland.

Removal in accordance with warrant10B.

(1)

A patient may be removed from Scotland under the authority of a warrant under regulation 10 at any time between—

(a)

the end of the standstill period; and

(b)

the end of the day that falls 7 days after the last day of the standstill period.

(2)

A patient may be removed from Scotland under the authority of a warrant under regulation 10 before the end of the standstill period if—

(a)

the warrant states that it authorises the patient’s removal from Scotland before the end of the standstill period;

(b)

the proposed removal of the patient from Scotland has not been appealed against under regulation 13;

(c)

the Commission has not made a reference to the Tribunal in respect of the proposed removal under regulation 17; and

(d)

the patient has not indicated an unwillingness to be removed from Scotland before the end of the standstill period.

(3)

For the purposes of this regulation, the end of the standstill period in relation to a warrant is to be determined in accordance with regulations 10C to 10E.

End of the standstill period where removal unchallenged10C.

(1)

The standstill period referred to in regulation 10B comes to an end in accordance with this regulation where—

(a)

the proposed removal of the patient from Scotland has not been appealed against to the Tribunal under regulation 13; and

(b)

the Commission has not made a reference to the Tribunal in respect of the proposed removal under regulation 17.

(2)

Once the standstill period has come to an end in accordance with this regulation, it remains at an end despite an appeal or reference to the Tribunal subsequently being made.

(3)

If the patient is to be transferred to a place within the United Kingdom, the standstill period ends at the end of the day which falls—

(a)

7 days after the warrant is issued; or

(b)

3 working days after the warrant is issued if—

(i)

the Scottish Ministers consider it necessary that the patient be removed from Scotland as a matter of urgency; and

(ii)

the Commission agrees that is necessary.

(4)

If the patient is to be transferred to a place outwith the United Kingdom, the standstill period ends—

(a)

at the end of the day which falls 28 days after the warrant is issued;

(b)

at the end of the day which falls 7 days after the warrant is issued if—

(i)

the Scottish Ministers consider it necessary that the patient be removed from Scotland as a matter of urgency; and

(ii)

the Commission agrees that is necessary; or

(c)

if the Scottish Ministers specify a day in the warrant in accordance with paragraph (5), at the end of the specified day.

(5)

The Scottish Ministers—

(a)

may specify a day under paragraph (4)(c) only if they are satisfied that—

(i)

appropriate care and treatment would be given to the patient at the place to which the patient is to be transferred were the patient to arrive there on that day; and

(ii)

it would be in the patient’s best interests to arrive there earlier than the patient would be likely to arrive were a day not specified under paragraph (4)(c);

(b)

may not specify a day under paragraph (4)(c) which falls fewer than 7 days after the warrant is issued;

(c)

must, if they specify a day under paragraph (4)(c), draw the fact that they have done so to the Commission’s attention.

(6)

For the purposes of paragraph (3), a working day is any day which is not a—

(a)

Saturday;

(b)

Sunday; or

(c)

bank holiday in Scotland under the Banking and Financial Dealings Act 19714.

End of the standstill period following appeal against removal10D.

(1)

The standstill period referred to in regulation 10B comes to an end in accordance with this regulation if (before the period has come to an end in accordance with regulation 10C) the proposed removal of the patient from Scotland has been appealed against to the Tribunal under regulation 13.

(2)

The standstill period ends at the end of the day on which the Scottish Ministers give notice to the patient’s responsible medical officer that the period has ended.

(3)

If—

(a)

the Tribunal makes an order that the proposed removal shall not take place; and

(b)

that decision by the Tribunal is appealed against,

the Scottish Ministers are to give the notice mentioned in paragraph (2) as soon as practicable after that appeal has been finally determined.

(4)

If—

(a)

the Tribunal refuses to make an order that the proposed removal shall not take place; and

(b)

that decision by the Tribunal is appealed against within 21 days of it being made,

the Scottish Ministers are to give the notice mentioned in paragraph (2) as soon as practicable after that appeal has been finally determined.

(5)

If—

(a)

the Tribunal refuses to make an order that the proposed removal shall not take place; and

(b)

that decision by the Tribunal is not appealed against within 21 days of it being made,

the Scottish Ministers are to give the notice mentioned in paragraph (2) as soon as practicable after that period of 21 days has ended.

(6)

But, the Scottish Ministers may give the notice mentioned in paragraph (2) before the end of the 21 day period referred to in paragraph (5) if—

(a)

the patient consents in writing to being removed from Scotland without delay;

(b)

an approved medical practitioner, who is not the patient’s responsible medical officer, certifies that the patient is capable of giving that consent; and

(c)

the patient’s named person (if the patient has one) gives written consent to the patient being removed from Scotland without delay.

(7)

The references in this regulation to an appeal against a decision by the Tribunal are to an appeal under section 320 or 322 of the 2003 Act (as applied by these Regulations).

(8)

For the purposes of this regulation, where an appeal against a decision by the Tribunal is made to the sheriff principal, the appeal is finally determined—

(a)

at the end of the period of 21 days beginning on the day that the sheriff principal decides the appeal; or

(b)

if, before the end of that period, the sheriff principal’s decision is appealed against to the Court of Session, when the Court has finally determined that further appeal.

End of standstill period following reference by Commission10E.

(1)

The standstill period referred to in regulation 10B comes to an end in accordance with this regulation if—

(a)

(before the period has come to an end in accordance with regulation 10C) the Commission makes a reference to the Tribunal under regulation 17 in respect of the proposed removal; and

(b)

the proposed removal of the patient from Scotland has not been appealed against to the Tribunal under regulation 13.

(2)

The standstill period ends at the end of the day on which the Scottish Ministers give notice to the patient’s responsible medical officer that the period has ended.

(3)

The Scottish Ministers are to give the notice mentioned in paragraph (2) as soon as practicable after the reference to the Tribunal has been finally determined.”.

After regulation 13 of the principal Regulations insert—

“Ability to initiate appeal if no named person13A.

(1)

An appeal under regulation 13 may be initiated by one of the persons mentioned in paragraph (2) if—

(a)

the patient does not have a named person;

(b)

the patient has attained the age of 16 years; and

(c)

the patient is incapable in relation to a decision as to whether to initiate an appeal.

(2)

The persons who may initiate an appeal by virtue of paragraph (1) are—

(a)

any guardian of the patient;

(b)

any welfare attorney of the patient; and

(c)

unless the patient has made a written declaration precluding the person (or all persons) from initiating the appeal—

(i)

the patient’s primary carer; and

(ii)

the patient’s nearest relative.

(3)

In paragraph (1)(c), “incapable” has the same meaning as in section 250 of the 2003 Act.

(4)

Subsections (2), (3) to (5) and (7) of section 250 of the 2003 Act apply to a declaration mentioned in paragraph (2)(c) as they apply to a nomination to which subsection (1) of that section relates (with that section to be read accordingly).”.

After regulation 13A of the principal Regulations insert—

“Tribunal’s duties to notify Scottish Ministers13B.

(1)

The Tribunal must notify the Scottish Ministers of an appeal under regulation 13 as soon as practicable after the appeal is made.

(2)

The Tribunal must notify the Scottish Ministers of its decision in an appeal under regulation 13 as soon as practicable after the decision is made.”.

In regulation 17(2) of the principal Regulations (reference to Tribunal by Commission), for sub-paragraphs (b) and (c) substitute—

“(b)

either—

(i)

the patient’s named person; or

(ii)

if the patient does not have a named person—

(aa)

the patient’s primary carer; and

(ab)

the patient’s nearest relative;”.

In regulation 24(4) of the principal Regulations (reception in Scotland: consent), after sub-paragraph (b) insert—

“(ba)

the name and address of any guardian of the patient;

(bb)

the name and address of any welfare attorney of the patient;”.

After regulation 36 of the principal Regulations insert—

“Interpretation of regulation 36(3): conflict of interest36A.

(1)

For the purposes of regulation 36(3), there is to be taken to be a conflict of interest in relation to the medical examination of a patient if the medical practitioner who carries out the examination is related to the patient in any degree specified in the schedule of the Conflict of Interest Regulations.

(2)

Any enactment which governs the interpretation of the schedule of the Conflict of Interest Regulations for those Regulations’ own purposes also governs the interpretation of the schedule for the purposes of regulation 36(3).

(3)

In this regulation, “the Conflict of Interest Regulations” means the Mental Health (Conflict of Interest) (Scotland) Regulations 20176.”.