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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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Reception in Scotland: consent

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24.—(1) This regulation applies where it is proposed that a person (referred to in this Part as a “patient”) who is subject to relevant measures in a relevant territory will be received in Scotland.

(2) No such patient will be received in Scotland without the consent of the Scottish Ministers.

(3) The Scottish Ministers will consider a request for consent to the reception of such a patient where–

(a)the request is made in pursuance of provisions having effect in a relevant country or territory; and

(b)the request contains the information set out in paragraph (4).

(4) The information referred to in paragraph (3) is–

(a)the name and address of the patient;

(b)the name and address of the patient’s nearest relative or primary carer, if any;

(c)the type (or types) of mental disorder that the patient has (by reference to the appropriate paragraph (or paragraphs) of the definition of “mental disorder” in section 328(1) of the 2003 Act (meaning of “mental disorder”));

(d)details of the relevant measures to which the patient is currently subject;

(e)the name and address of the hospital in the relevant territory in which the patient is presently detained or liable to be detained;

(f)the name and address of the hospital in Scotland in which it is proposed the patient will be detained or liable to be detained;

(g)where the patient when transferred will fall within regulation 30(3), the address of the place where the patient is to reside in Scotland;

(h)the date on which it is proposed that the transfer will take place;

(i)confirmation that arrangements have been made for admitting the patient to the receiving hospital; and

(j)the name and other appropriate contact details of the approved medical practitioner who it is anticipated will become the patient’s responsible medical officer.

(5) The Scottish Ministers shall, as soon as practicable–

(a)consider the request; and

(b)give notice to the managers of both the sending hospital and the receiving hospital informing them whether the Scottish Ministers consent to the reception in Scotland of the patient.

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