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 section has no associated Executive Note

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”.