Search Legislation

Mental Health (Care and Treatment) (Scotland) Act 2003

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

Mental Health (Care and Treatment) (Scotland) Act 2003, Section 281 is up to date with all changes known to be in force on or before 20 July 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

281Correspondence of certain persons detained in hospitalS

This section has no associated Explanatory Notes

(1)A postal packet which is—

(a)addressed to any person by a specified person; and

(b)delivered by the specified person for dispatch,

may, where subsection (2) or (3) below applies, be withheld from the relevant carrier by the managers of the hospital in which the specified person is detained.

(2)This subsection applies if the person in question has requested that communications addressed to such person by the specified person should be withheld.

(3)This subsection applies if—

(a)the postal packet is not addressed to a person mentioned in subsection (5) below; and

(b)the managers of the hospital consider that the postal packet is likely—

(i)to cause distress to the person in question or any other person who is not on the staff of the hospital; or

(ii)to cause danger to any person.

(4)Any request for the purposes of subsection (2) above shall be made in writing to—

(a)the managers of the hospital concerned;

(b)the responsible medical officer; or

(c)the Scottish Ministers.

(5)The persons referred to in subsection (3)(a) above are—

(a)any Minister of the Crown or the Scottish Ministers;

(b)any member of either House of Parliament or member of the Scottish Parliament, National Assembly for Wales or Northern Ireland Assembly;

(c)any member of the European Parliament elected for the United Kingdom;

(d)the Commission or any of its members;

(e)the Parliamentary Commissioner for Administration;

(f)the Scottish Public Services Ombudsman;

(g)a local authority;

(h)any judge or clerk of court;

(i)the Tribunal;

(j)the managers of the hospital in which the specified person is detained;

(k)a Health Board;

(l)a Special Health Board;

[F1(la)Healthcare Improvement Scotland;]

(m)a National Health Service trust;

(n)any person who, to the knowledge of the managers of the hospital in which the specified person is detained, is providing independent advocacy services to the specified person under section 259 of this Act;

(o)any legally qualified person instructed by the specified person to act as the specified person’s legal adviser;

(p)the European Court of Human Rights; and

(q)such other persons as may be specified in regulations.

(6)A postal packet which—

(a)is addressed to a specified person; and

(b)is not sent by or on behalf of any person mentioned in subsection (5) above,

may be withheld from the specified person by the managers of the hospital in which the specified person is detained if, in their opinion, it is necessary to do so in the interests of the health or safety of the specified person or for the protection of any other person.

(7)The managers of a hospital may inspect and open any postal packet for the purposes of determining—

(a)whether it is a postal packet to which subsection (1) or (6) above applies; and

(b)if it is, whether it should be withheld under the subsection in question.

(8)The power to withhold a postal packet under subsection (1) or (6) above includes power to withhold anything contained in such packet.

(9)In this section—

  • postal packet” has the meaning given by section 125 of the Postal Services Act 2000 (c. 26);

  • relevant carrier” means—

    (a)

    the postal operator (as defined in that section of that Act); or

    (b)

    the person other than a person mentioned in paragraph (a) above,

    who is to receive or collect the postal packet for the purpose of its being conveyed and delivered; and

  • specified person” means a person who—

    (a)

    is detained in a hospital; and

    (b)

    meets such other conditions, or in relation to whom such other conditions are met, as may be specified in regulations.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I1S. 281 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

I2S. 281 in force at 5.10.2005 in so far as not already in force by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources