The Mental Health (Cross-border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Amendment Regulations 2017 No. 229

PART 2 Amendments to the principal Regulations

CHAPTER 2 Amendments to Part 2 (Removal of patients from Scotland)

New regulation 13A

16.  After regulation 13 of the principal Regulations insert—

“Ability to initiate appeal if no named person

13A.— (1) An appeal under regulation 13 may be initiated by one of the persons mentioned in paragraph (2) if—

(a) the patient does not have a named person;

(b) the patient has attained the age of 16 years; and

(c) the patient is incapable in relation to a decision as to whether to initiate an appeal.

(2) The persons who may initiate an appeal by virtue of paragraph (1) are—

(a) any guardian of the patient;

(b) any welfare attorney of the patient; and

(c) unless the patient has made a written declaration precluding the person (or all persons) from initiating the appeal—

(i) the patient’s primary carer; and

(ii) the patient’s nearest relative.

(3) In paragraph (1)(c), “incapable” has the same meaning as in section 250 of the 2003 Act.

(4) Subsections (2), (3) to (5) and (7) of section 250 of the 2003 Act apply to a declaration mentioned in paragraph (2)(c) as they apply to a nomination to which subsection (1) of that section relates (with that section to be read accordingly).”.