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The Mental Health (Safety and Security) (Scotland) Amendment Regulations 2007

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Scottish Statutory Instruments

2007 No. 243

MENTAL HEALTH

The Mental Health (Safety and Security) (Scotland) Amendment Regulations 2007

Made

14th March 2007

Coming into force

19th March 2007

The Scottish Ministers in exercise of the powers conferred by section 286(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003(1) and of all other powers enabling them in that behalf, and after having consulted, in accordance with section 286(6) of that Act, such persons as they considered appropriate, hereby make the following Regulations, a draft of which has, in accordance with section 326(4)(c) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Citation and commencement

1.  These Regulations may be cited as the Mental Health (Safety and Security) (Scotland) Amendment Regulations 2007 and shall come into force on 19th March 2007.

Amendment of the Mental Health (Safety and Security) (Scotland) Regulations 2005

2.  In regulation 2(2) (specified persons) of the Mental Health (Safety and Security) (Scotland) Regulations 2005(2) for paragraph (a) substitute–

(a)the person is detained in a state hospital, the Orchard Clinic in Royal Edinburgh Hospital, Morningside Terrace, Edinburgh or in the Rowanbank Unit, 133C Balornock Road, Glasgow; or.

LEWIS MACDONALD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

14th March 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Mental Health (Safety and Security) (Scotland) Regulations 2005 (“the principal Regulations”) to add the Rowanbank Unit, 133C Balornock Road, Glasgow to the list of institutions specified in regulation 2(2)(a) of those Regulations (regulation 2).

The principal Regulations provide for “specified persons”, who may be made subject to measures to protect the safety and security of themselves and others. A person is only a “specified person” if certain conditions exist, one of which is that the person is detained in a state hospital or other place specified in regulation 2(2)(a) of the principal Regulations.

(1)

2003 asp 13; see section 329 for the definition of “regulations”.

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