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The National Confidential Forum (Prescribed Care and Health Services) (Scotland) Order 2014

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Citation, commencement and interpretation

1.—(1) This Order may be cited as the National Confidential Forum (Prescribed Care and Health Services) (Scotland) Order 2014 and comes into force on 1st July 2014.

(2) In this Order—

“prescribed” means prescribed for the purposes of paragraph 7(3) of schedule 1A to the Mental Health (Care and Treatment) (Scotland) Act 2003.

Prescribed health services

2.—(1) The health services prescribed are health services provided in—

(a)a hospital;

(b)an independent clinic;

(c)a sanatorium.

(2) In paragraph (1)(a), “hospital” has the meaning given in section 108(1) of the National Health Service (Scotland) Act 1978(1).

(3) In paragraph (1)(b), “independent clinic” has the meaning given in section 10F(2)(2) of that Act.

Prescribed care services

3.—(1) The care services prescribed are—

(a)the provision of school education;

(b)the provision of accommodation—

(i)by, or on behalf of, a local authority in pursuance of its duty under any enactment to provide accommodation for children;

(ii)by any other person for the purposes of the Social Work (Scotland) Act 1968(3), the Children (Scotland) Act 1995(4) or the Children’s Hearings (Scotland) Act 2011(5);

(iii)by a voluntary organisation or any other person in a children’s home;

(iv)to evacuees during war;

(v)to persons by reason of a disability (physical or mental);

(vi)to persons on remand or sentenced to imprisonment or detention, or whose liberty is otherwise restricted; and

(vii)to persons in need by reason of being destitute.

(2) In paragraph 1(a), “school education” has the meaning given by section 1(5) of the Education (Scotland) Act 1980(6).

(3) In paragraph 1(b)(i), the reference to a local authority includes any body which, before 1st February 1996(7), exercised functions analogous to those of a local authority.

Services provided at private dwellings

4.  Neither article 2 nor article 3 are to be taken to prescribe a service provided at premises used wholly or mainly as a private dwelling.

MICHAEL MATHESON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

26th June 2014

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