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The Mental Health (Cross border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005

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  1. Introductory Text

  2. PART I GENERAL

    1. 1.Citation, commencement, interpretation and extent

    2. 2.Application of Regulations

  3. PART II REMOVAL OF PATIENTS FROM SCOTLAND

    1. 3.Responsible medical officer’s duties where application for warrant for removal is to be made

    2. 4.Designation of mental health officer responsible for patient’s case

    3. 5.Responsible medical officer: notification of proposed application

    4. 6.Mental health officer’s duties where application for warrant for removal is to be made

    5. 7.Warrant for removal: application by responsible medical officer

    6. 8.Information and factors to be considered in respect of an application for a warrant for removal

    7. 9.Notification of the decision

    8. 10.Warrant for removal

    9. 11.Suspension of effect of warrant

    10. 12.Patients subject to conditional discharge

    11. 13.Appeal to Tribunal

    12. 14.Appeals to the sheriff principal and Court of Session against certain decisions

    13. 15.Appeal to the Court of Session against certain decisions of the Tribunal

    14. 16.Delay of removal pending further appeal

    15. 17.Reference to Tribunal by Commission

    16. 18.Powers of the Tribunal on reference

    17. 19.Exclusion of appeal or reference: post removal

    18. 20.Notification requirements: post removal

    19. 21.Escorts from other territories: powers

    20. 22.Absconding

    21. 23.Cessation of measures

  4. PART III RECEPTION OF PERSONS IN SCOTLAND

    1. 24.Reception in Scotland: consent

    2. 25.Directions

    3. 26.Application of regulations 27 to 29

    4. 27.Notification to relevant local authority

    5. 28.Designation of mental health officer responsible for patient’s case

    6. 29.Appointment of responsible medical officer

    7. 30.Reception in Scotland: general

    8. 31.Powers of escorts

    9. 32.Absconding

    10. 33.Patients subject to compulsory treatment order

    11. 34.Persons subject to compulsion order

    12. 35.Mental health officer’s duties

    13. 36.Assessment of patient: post transfer

    14. 37.Responsible medical officer’s duty to revoke: emergency detention certificate and short term detention certificate

    15. 38.Responsible medical officer’s duty to revoke: interim compulsory treatment order, compulsory treatment order and compulsion order

    16. 39.Responsible medical officer’s report and recommendation following assessment: compulsion order and restriction order

    17. 40.Responsible medical officer’s report and recommendation following assessment: hospital direction and transfer for treatment direction

    18. 41.Notification requirements: post assessment

    19. 42.Preparation of a care plan

    20. 43.Provision of information to patient

    21. 44.Provision of assistance to patient with communication difficulties

    22. 45.Visits to patients: duty on Commission

    23. 46.Future treatment of patient

  5. Signature

  6. Explanatory Note

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