Explanatory Notes

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

2003 asp 13

25 April 2003

Commentary on Sections

Part 18 – Miscellaneous

Review of decision to withhold postal packet

Sections 284 and 285: telephone calls
Certain patients detained in hospital: use of telephones

564.Subsection (1) of section 284 empowers the Scottish Ministers to make regulations in connection with regulating the use of telephones by such patients detained in hospital as may be specified. The regulations may in particular make provision in relation to the matters set out in subsection (2).

565.Subsection (4) provides that the interception of telephone calls by such patients to certain persons detailed in subsection (6), may not be authorised by regulations unless the person has requested the interception of calls made by the patient, or the telephone call is, or would be, unlawful.