The Mental Health (Detention in Conditions of Excessive Security) (Scotland) Regulations 2015

Citation and commencement

1.  These Regulations may be cited as the Mental Health (Detention in Conditions of Excessive Security) (Scotland) Regulations 2015 and come into force on 16th November 2015.

Interpretation

2.  In these Regulations—

(a) “the 2003 Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003(1); and

(b) reference to a hospital includes a hospital unit as defined in section 273(3) of the 2003 Act(2).

Amendments to the 2003 Act

3.  In both—

(a) section 264(7A) of the 2003 Act; and

(b) section 268(7A) of that Act,

for “a medical” substitute “an approved medical”(3).

Meaning of qualifying hospital

4.  The following are qualifying hospitals for the purposes of sections 268 to 271 of the 2003 Act—

(a) the Orchard Clinic in Royal Edinburgh Hospital, Morningside Terrace, Edinburgh;

(b) the Rowanbank Clinic, 133C Balornock Road, Glasgow; and

(c) the Medium Secure Service, Rohallion Clinic, Murray Royal Hospital, Muirhall Road, Perth.

Test to be applied under sections 268(2), 269(3) and 271(2)(a) of the 2003 Act

5.  The test for the purposes of sections 268(2), 269(3) and 271(2)(a) of the 2003 Act is met in relation to a patient if detention of the patient in the hospital in which the patient is being detained involves the patient being subject to a level of security that is excessive in the patient’s case.

Further provision about when a hospital’s level of security is excessive

6.—(1) Paragraph (2) makes provision for the purposes of—

(a) sections 268 to 271 of the 2003 Act; and

(b) regulation 5.

(2) A patient’s detention in a hospital is to be taken to involve the patient being subject to a level of security that is excessive in the patient’s case only when the security at the hospital is greater than is necessary to safely manage the risk that the patient may pose to—

(a) the patient’s own safety; and

(b) the safety of any other person.

JAMIE HEPBURN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

29th October 2015