The Mental Health (England and Wales Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations 2008

Notification requirements: post assessment

This section has no associated Executive Note

28.—(1) Where a patient is received in Scotland the patient’s responsible medical officer shall within the appropriate period, prepare and send to the managers of the receiving hospital a report stating–

(a)whether the relevant conditions apply in respect of the patient;

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

(c)whether it is necessary for the patient to be subject to the measures authorised by the 2003 Act or the 1995 Act to which the patient became treated as if that patient was subject by virtue of regulation 19.

(2) The managers of the receiving hospital shall within the appropriate period notify the parties listed in paragraph (3) of the following matters, where relevant–

(a)the name and address of the sending hospital;

(b)the name and address of the receiving hospital;

(c)the date on which the transfer took place;

(d)name and other appropriate contact details of the patient’s responsible medical officer;

(e)whether, following assessment carried out in accordance with regulation 25(1), the responsible medical officer is satisfied that the relevant conditions apply in respect of the patient;

(f)whether it is necessary for the patient to be subject to the measures authorised by the 2003 Act or the 1995 Act to which the patient became treated as if the patient is subject by virtue of regulation 19;

(g)the date on which the measure to which the patient is treated as being subject by virtue of regulation 19 ceased (whether by revocation or otherwise) or will cease unless otherwise extended; and

(h)the period during which the next mandatory review of the order is to take place.

(3) The parties referred to in paragraph (2) are the–

(a)the patient;

(b)the patient’s named person;

(c)the Commission;

(d)the Tribunal;

(e)the patient’s mental health officer.

(4) For the purposes of this regulation–

(a)the “appropriate period” is as soon as practicable and in any event within 14 days of the date on which the patient was received in Scotland; and

(b)“relevant conditions” are the conditions set out in regulation 25(4).