The Mental Health (Specified Persons' Correspondence) (Scotland) Regulations 2005

Citation and commencement

1.  This Order may be cited as the Mental Health (Specified Persons' Correspondence) (Scotland) Regulations 2005 and shall come into force on 5th October 2005.

Interpretation

2.  In these Regulations–

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

“specified person” has the same meaning as in section 281(9) of the Act.

Scottish Information Commissioner

3.  For the purposes of section 281(5)(q) of the Act, the Scottish Information Commissioner is specified.

Exercise of power to withhold postal packets

4.  Where a postal packet is withheld the managers of the hospital shall take all reasonable steps to ensure that the specified person–

(a) is aware of the right to make an application under section 283(2) of the Act for the review of the decision to withhold the relevant item; and

(b) has the opportunity of making use of independent advocacy services under section 259 of the Act in connection with any such application.

Applications under section 283(2)

5.—(1) On receipt of an application under section 283(2) of the Act, the Commission shall give notice of that application to the managers of the hospital in which the specified person is detained.

(2) The managers shall within fourteen days of receiving notice of the application produce the relevant item to the Commission.

LEWIS MACDONALD

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

11th August 2005