Explanatory Notes

Mental Health (Scotland) Act 2015

2015 asp 9

4 August 2015

The Structure & a Summary of the Act

Part One – the 2003 Act

Section 3: Transfer to another hospital
Amendment of section 124

14.Section 124 of the 2003 Act makes provision for patients who are detained in hospital on the authority of a CTO to be transferred by the managers of that hospital to a different hospital, including to a state hospital. Various conditions and requirements, set out in subsections (3) to (13), apply in respect of any transfer.

15.Section 3 of the Act amends section 124 to include reference to interim compulsory treatment orders (ICTOs) in order to allow the transfer between hospitals of patients who are subject to ICTOs, as well as patients who are subject to CTOs.