Search Legislation

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

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Scottish Statutory Instruments

2005 No. 408

MENTAL HEALTH

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

Made

11th August 2005

Laid before the Scottish Parliament

16th August 2005

Coming into force

5th October 2005

The Scottish Ministers, in exercise of the powers conferred by sections 281(5)(q), 282(7)(a) and 283(5) and (6) of the Mental Health (Care and Treatment) (Scotland) Act 2003(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

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

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision with respect to the power under section 281 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (“the 2003 Act”) for postal packets sent to or by detained patients to be withheld by hospital managers. The patients must be specified persons in terms of regulations made under section 281(9) of the 2003 Act.

Regulation 3 adds the Scottish Information Commissioner to the list of persons in section 281(5) of the 2003 Act from whom postal packets sent by a specified person may not be withheld and whose postal packets sent to specified persons may not be withheld.

Regulation 4 obliges hospital managers who withhold a postal packet to take all reasonable steps to make the patient aware of the right under section 283 of the 2003 Act to apply for a review of the decision to withhold the postal packet and to ensure that the patient can make use of independent advocacy services in connection with any such application.

Regulation 5 provides for the intimation to the hospital managers of an application to the Mental Welfare Commission for Scotland to review the decision to withhold a postal packet. The managers have fourteen days from receiving notice of the application in which to produce the relevant item, that is the postal packet or anything contained in it, to the Commission.

Section 281(8) of the 2003 Act provides that the power to withhold a postal packet includes the power to withhold anything contained in such a packet.

Section 281(9) of the 2003 Act provides that “postal packet” has the meaning given by section 125 of the Postal Services Act 2000 (c. 26).

(1)

2003 asp 13; see section 329 for the definition of “regulations”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources