These Regulations may be cited as the Mental Health (England and Wales Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations 2008 and shall come into force on 3rd November 2008.

In these Regulations–

• “the 1995 Act” means the Criminal Procedure (Scotland) Act 19952;

• “the 2003 Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003;

• “the appropriate national authority” means the appropriate national authority as mentioned in section 80ZA of the Mental Health Act 19833;

• “corresponding requirement” means a corresponding requirement as mentioned in section 289(4) of the 2003 Act4;

• “patient’s order” means the relevant requirement to which the patient is subject;

• “receiving hospital” means the hospital in Scotland which it is proposed will supervise the patient;

• “reception in Scotland” means the arrival of the patient at the place in Scotland at which the patient is to reside and “received” shall be interpreted accordingly;

• “relevant local authority” means if the patient was not resident in Scotland before being admitted to hospital the local authority for the area in which the hospital is situated;

• “relevant requirement” means a relevant requirement as mentioned in section 289(3) of the 2003 Act;

• “responsible clinician” means the responsible clinician within the meaning of section 34(1) of the Mental Health Act 19835;

• “responsible hospital” means the responsible hospital within the meaning of section 80C(4) of the Mental Health Act 19836;

• “warrant for removal” means a warrant issued under regulation 7; and

• “working day” means a day which is not–

  1. a

     Saturday;

  2. b

     Sunday; or

  3. c

     a day which is a bank holiday under the Banking and Financial Dealings Act 19717.