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Mental Health (Care and Treatment) (Scotland) Act 2003

Sections 268 to 271: detention in conditions of excessive security: hospitals other than state hospitals

532.Sections 268 to 271 establish a scheme, in very similar terms to that in sections 264 to 266, in respect of “qualifying patients” detained in hospitals other than the State Hospital (“qualifying patient” is to be defined in regulations(section 268(11)). The provisions only apply where the qualifying patient’s detention is authorised under one of the orders listed in section 268(1) in a “qualifying hospital”. Section 268(11) provides that a qualifying hospital is one which is not a state hospital and is specified, or of a description specified, in regulations.

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