SCHEDULE 1PERSONS TO WHOM DIRECT PAYMENTS MAY NOT BE MADE
This Schedule applies to a person —
a
who is required to submit to treatment for his or her mental condition or drug or alcohol dependency by virtue of a requirement of a community rehabilitation order within the meaning of section 41 of the 2000 Act or a community punishment and rehabilitation order within the meaning of section 51 of that Act;
b
who is subject to a drug treatment and testing order within the meaning of section 52 of the 2000 Act;
c
who is released on licence under section 37 of the Criminal Justice Act 199127 subject to a condition that he or she submits to treatment for his or her mental condition or drug or alcohol dependency;
d
who is placed under guardianship in pursuance of—
i
an application made in accordance with section 7 of the 1983 Act; or
ii
an order made under section 37 of that Act;
e
who is absent from hospital with leave given in accordance with section 17 of the 1983 Act;
f
who is subject to after-care under supervision within the meaning of section 25A of the 1983 Act28;
g
who has in force in respect of him or her a condition imposed in accordance with section 42(2) or 73(4) of the 1983 Act (including such a condition as varied in accordance with section 73(5) or 75(3) of that Act);
h
who has in force in respect of him or her a supervision and treatment order within the meaning of Part 1 of Schedule 2 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 199129;
i
who is a patient subject to after-care under a community care order under section 35A of the 1984 Act30;
j
who is a patient who is absent from hospital on leave under section 27 of the 1984 Act;
k
who is subject to a guardianship order within the meaning of section 57 of the Adults with Incapacity (Scotland) Act 200031 by reason of, or by reasons which include, incapacity through mental disorder;
l
who is a restricted patient within the meaning of section 63(1) of the 1984 Act and who has been given a conditional discharge under section 64 or 68 of that Act;
m
who is subject to an order of a court under section 57(2)(a), (b), (c) or (d), 58 or 59 of the 1995 Act;
n
who is required to submit to treatment for his or her mental condition or his or her drug or alcohol dependency by virtue of a requirement of a probation order within the meaning of sections 228 to 230 of the 1995 Act, or who is subject to a drug treatment and testing order within the meaning of section 234B of that Act32; or
o
who is released on licence under section 22 or 26 of the Prisons (Scotland) Act 198933 or under section 1 of the Prisoners and Criminal Proceedings (Scotland) Act 199334 and is subject to a condition that he or she submits to treatment for his or her mental condition or for his or her drug or alcohol dependency.