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

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

This sectionnoteType=Executive Note has no associated

39.  (1)  Subject to the modifications in paragraph (2), section 183 of the 2003 Act shall have effect in respect of a patient who has become treated as if they are subject to a compulsion order and a restriction order by virtue of regulation 30.

(2) The modifications referred to are–

(a)in subjection (1), after “Act” insert “or an assessment under regulation 36(1) of the Mental Health (Cross-border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005”;

(b)in subsection (2), after “review” insert “or assessment”;

(c)in subsections (3)(a), (6)(a)(i) and (7)(a)(i), after “Act” insert or “regulation 36(4)(a) of those Regulations”; and

(d)in subsection (5)(b)(ii) after “Act” insert “paragraph (4)(a)(ii) and (iii) of regulation 36 of those Regulations”.