Search Legislation

The Mental Health (Cross-border Visits) (Scotland) Regulations 2008

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Mental Health (Cross-border Visits) (Scotland) Regulations 2008 and come into force on the day after the day on which they are made.

(2) In these Regulations–

the Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003;

“cross-border patient” means a person who is subject to a corresponding suspension of detention in England, Wales, Northern Ireland, the Isle of Man or any of the Channel Islands;

a person is subject to a “corresponding suspension of detention” in a relevant territory if under the law of that territory–

(a)

but for the leave of absence mentioned in paragraph (b), the person would be subject to measures corresponding or similar to detention in hospital authorised by virtue of the Act or the Criminal Procedure (Scotland) Act 1995(1); and

(b)

the person has been granted a leave of absence subject to a condition corresponding or similar to the condition set out in section 127(6)(a) of the Act; and

“relevant territory” means–

(a)

England and Wales;

(b)

Northern Ireland;

(c)

the Isle of Man; or

(d)

any of the Channel Islands.

Powers in relation to cross-border patients

2.—(1) Where a cross-border patient is in Scotland–

(a)that patient may be kept in the charge of a person authorised for that purpose in relation to the leave of absence referred to in paragraph (b) of the definition of “corresponding suspension of detention”; and

(b)sections 302 and 303 of the Act shall apply to that patient as they apply to a patient in respect of whom–

(i)a certificate under section 127(3) of the Act has effect; and

(ii)a condition under subsection (6) of that section requires that the patient be kept in the charge of an authorised person.

(2) In the application of sections 302 and 303 of the Act in such a case–

(a)references to an authorised person, and to the person who is authorised under section 127(6) of the Act, shall be construed as references to the person authorised as mentioned in paragraph (1)(a);

(b)references to any place, or any other place, considered appropriate by the patient’s responsible medical officer shall be construed as references to any place considered appropriate by–

(i)the person who granted the leave of absence referred to in paragraph (b) of the definition of “corresponding suspension of detention” or any person who could grant such leave of absence in relation to the cross-border patient; or

(ii)any medical practitioner;

(c)the period specified in section 303(4) shall be any period in which the cross-border patient is in Scotland; and

(d)section 303(7) shall not apply.

S ROBISON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

6th May 2008

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources