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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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Warrant for removal

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10.—(1) Subject to paragraph (2), where the Scottish Ministers decide that a patient be removed from Scotland they shall issue a warrant for removal which shall authorise that patient’s removal from Scotland.

(2) No warrant for removal shall be issued by the Scottish Ministers, until any consent required in the country or territory to which it is proposed that the patient should be removed has been obtained.

(3) In issuing a warrant for removal, the Scottish Ministers may–

(a)give directions for the patient’s conveyance to the patient’s destination on removal from Scotland;

(b)arrange for the patient’s responsible medical officer or the managers of the hospital in Scotland where the patient is currently being detained or otherwise being given treatment, to give any such directions; or

(c)do both (a) and (b).

(4) The warrant for removal shall specify an effective date for the patient’s removal and, subject to regulation 11, a warrant issued under this regulation will only authorise removal of the patient within 14 days from the effective date.

(5) In issuing the warrant for removal, the Scottish Ministers shall immediately send a copy of the warrant to–

(a)the patient;

(b)the patient’s named person;

(c)the responsible medical officer;

(d)the mental health officer;

(e)the Commission; and

(f)the country or territory to which it is proposed that the patient should be removed.

(6) In this regulation “effective date” is a date specified by the Scottish Ministers in the warrant as the date on or after which the removal is authorised to take place and, subject to paragraph (7), shall be–

(a)in a case where removal is to a place in the United Kingdom, not sooner than 7 days before the date proposed for the patient’s removal; or

(b)in a case where removal is to a place outwith the United Kingdom, not sooner than 28 days before the date proposed for the patient’s removal.

(7) The Scottish Ministers may, where–

(a)the patient consents to the removal, waive; or

(b)it is considered necessary that the patient be removed urgently and the requirements of paragraph (9) have been complied with, shorten in accordance with paragraph (10),

the period mentioned in paragraph (6).

(8) Where paragraph (7)(a) applies the Scottish Ministers shall–

(a)specify the effective date as a date not sooner than 3 working days before the date proposed for the patient’s removal; and

(b)at least 3 working days before the date proposed for the patient’s removal, notify the Commission that the patient consents.

(9) The requirements referred to in paragraph (7)(b) are that–

(a)the Scottish Ministers have consulted the Commission as to whether it is necessary that the patient be removed urgently; and

(b)the Commission has agreed that the removal must take place urgently.

(10) Where paragraph (7)(b) applies the period mentioned in paragraph (6) shall be–

(a)in a case where removal is to a place in the United Kingdom, not sooner than 3 working days before the date proposed for the patient’s removal; and

(b)in a case where removal is to a place outwith the United Kingdom, not sooner than 7 days before the date proposed for the patient’s removal.

(11) In this regulation “working day” means a day which is not–

(a)Saturday;

(b)Sunday; or

(c)a day which is a bank holiday under the Banking and Financial Dealings Act 1971(1).

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