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The Mental Health (Scotland) Act 2015 (Commencement No. 3) Order 2017

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Article 2

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Column 1Column 2Column 3
Provisions of the Mental Health (Scotland) Act 2015Subject matterPurpose
Section 23(1) and (2)Consent to being named personSo far as is necessary to enable the Scottish Ministers to make regulations under section 250(2A) (nomination of named person) of the Mental Health (Care and Treatment) (Scotland) Act 2003(1).
Section 29Conflicts of interest to be avoidedSo far as is necessary to enable the Scottish Ministers to make regulations under section 291A(2) (conflicts of interest to be avoided) of the Mental Health (Care and Treatment) (Scotland) Act 2003.
Section 32Cross-border transfer of patientsSo far as is necessary to enable the Scottish Ministers to make regulations under sections 289(1)(3) (cross-border transfer: patients subject to requirement other than detention), 290(1)(4) (cross-border transfer: patients subject to detention requirement or otherwise in hospital) and 309A(1)(5) (cross-border visits: leave of absence) of the Mental Health (Care and Treatment) (Scotland) Act 2003, all as amended by the 2015 Act.
Section 33Dealing with absconding patientsSo far as is necessary to enable the Scottish Ministers to make regulations under sections 309(1)(6), as amended by the 2015 Act, and (2ZA)(7) (patients from other jurisdictions) and 310(1) as read with section 310(3A)(8) (regulations as to absconding by other patients) of the Mental Health (Care and Treatment) (Scotland) Act 2003.
Section 54Right to information: offender imprisonedSo far as is necessary to enable the Scottish Ministers to make regulations under section 16(4)(b) and (c) of the Criminal Justice (Scotland) Act 2003(9) (victim’s right to receive information concerning release etc. of offender).
Section 58Associated definitionsSo far as is necessary to enable the Scottish Ministers to make regulations under section 16(4)(b) and (c) of the Criminal Justice (Scotland) Act 2003.
(1)

2003 asp 13. Subsection (2A) is inserted by section 23(2) of the 2015 Act.

(2)

Section 291A is inserted by section 29 of the 2015 Act.

(3)

Section 289(1) is amended by section 32(2) of the 2015 Act.

(4)

Section 290(1) is amended by section 32(3)(a) of the 2015 Act.

(5)

Section 309A was inserted by the Adult Support and Protection (Scotland) Act 2007, (asp 10), section 72(1).

(6)

Section 309 is amended by section 33(3) of the 2015 Act.

(7)

Subsection (2ZA) is inserted by section 33(3)(c) of the 2015 Act.

(8)

Subsection (3A) is inserted by section 33(4) of the 2015 Act.

(9)

2003 asp 7. Section 16 is amended by section 54 of the Act.

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