(1)The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.
(2)In section 136 (transfer of prisoners for treatment for mental disorder), after paragraph (a) of subsection (3) there is inserted—
“(aa)that—
(i)a mental health officer has agreed to the making of the direction, or
(ii)it has been impracticable to obtain the agreement of a mental health officer;”.