The Mental Health (Absconding Patients from Other Jurisdictions) (Scotland) Regulations 2008

Application of section 301 of the 2003 Act

3.  In the application of section 301 of the 2003 Act to a person mentioned in regulation 2–

(a) references to a patient shall be construed as references to a person as mentioned in regulation 2;

(b) references in subsection (1) to a compulsory treatment order, and to the order, shall be construed as references to a measure in a relevant territory which is corresponding or similar to–

(i) a compulsory treatment order that authorises the detention of a patient in hospital;

(ii) an assessment order;

(iii) a treatment order;

(iv) a temporary compulsion order made under section 54(1)(c) of the 1995 Act;

(v) an interim compulsion order;

(vi) a compulsion order that authorises the detention of a patient in hospital;

(vii) a compulsion order and a restriction order;

(viii) a hospital direction; or

(ix) a transfer for treatment direction;

(c) references in subsections (1) and (2) to a hospital shall be construed as including references to a hospital as defined under the law of a relevant territory;

(d) the reference in subsection (1)(b) to a patient being transferred under section 124 of the 2003 Act shall be construed as a reference to a person being transferred under the provision in force in a relevant territory which is corresponding or similar to–

(i) section 124 of the 2003 Act (transfer from one hospital to another where a patient is subject to a compulsory treatment order);

(ii) section 124 as applied by section 178 of the 2003 Act (transfer from one hospital to another where a patient is subject to a relevant compulsion order); or

(iii) section 218 of the 2003 Act (transfer from one hospital to another where a patient is subject to a compulsion order and a restriction order, a hospital direction or a transfer for treatment direction);

(e) in subsection (2), the reference to a condition requiring that a patient be kept in the charge of an authorised person, and the reference to a patient who absconds from the charge of that authorised person, shall not apply;

(f) the references in subsection (2) to a certificate under section 127(1) of the 2003 Act and to a condition under subsection (6) of that section shall be construed as references to a measure in a relevant territory which is corresponding or similar to–

(i) a certificate under section 127(1) of the 2003 Act and a condition under subsection (6) of that section (suspension of measure authorising detention where a patient is subject to a compulsory treatment order);

(ii) a certificate under section 127(1) and a condition under subsection (6) of that section, as applied by section 179 of the 2003 Act (suspension of measure authorising detention where a patient is subject to a relevant compulsion order);

(iii) a certificate under section 221(2) of the 2003 Act and a condition under subsection (6) of that section (suspension of measure authorising detention where a patient is subject to an assessment order); or

(iv) a certificate under section 224(2) of the 2003 Act and a condition under subsection (7) of that section (suspension of measure authorising detention where a patient is subject to a treatment order, an interim compulsion order, a compulsion order and a restriction order, a hospital direction or a transfer for treatment direction);

(g) subject to paragraphs (e) and (f), references in subsections (2), (3) and (4) to a condition or requirement, whether or not by reference to any provision of the 2003 Act, shall be construed as references to the measure in a relevant territory which most closely corresponds to such a condition or requirement;

(h) the reference in subsection (3) to a compulsory treatment order imposing a requirement that a patient reside at a specified place shall be construed as a reference to a measure in a relevant territory which is corresponding or similar to–

(i) a compulsory treatment order which imposes a requirement that a patient reside at a specified place; or

(ii) a compulsion order which imposes a requirement that a patient reside at a specified place; and

(i) the reference in subsection (4) to a compulsory treatment order shall be construed as a reference to a measure in a relevant territory which is corresponding or similar to a compulsory treatment order or a compulsion order;

(j) the reference in subsection (4) to the mental health officer shall be construed as a reference to the person in a relevant territory who is authorised to approve any proposed change of address.