Part 11

Hospital directions and transfer for treatment directions

Scottish Ministers' duty to keep directions under review

Duty of Scottish Ministers to keep directions under review
212
1
This section applies where a patient is subject to—
a
a hospital direction; or
b
a transfer for treatment direction.
2
Without prejudice to the duties imposed on the Scottish Ministers by sections 210(2) and (3), 211(2) and 213(2) of this Act, the Scottish Ministers shall from time to time consider—
a
whether the conditions mentioned in section 206(4) of this Act continue to apply in respect of the patient;
b
whether, as a result of the patient’s mental disorder, it is necessary, in order to protect any other person from serious harm, for the patient to be detained in hospital, whether or not for medical treatment; and
c
whether it continues to be necessary for the patient to be subject to the direction.
3
If, having considered the matters mentioned in paragraphs (a) to (c) of subsection (2) above, the Scottish Ministers are not satisfied that the patient has a mental disorder, they shall revoke the direction.
4
If, having considered the matters mentioned in paragraphs (a) to (c) of subsection (2) above, the Scottish Ministers—
a
are satisfied that the patient has a mental disorder; but
b
are not satisfied—
i
that, as a result of the patient’s mental disorder, it is necessary, in order to protect any other person from serious harm, for the patient to be detained in hospital, whether or not for medical treatment; and
ii
either—
A
that the conditions mentioned in paragraph (b) and (c) of section 206(4) of this Act continue to apply in respect of the patient; or
B
that it continues to be necessary for the patient to be subject to the direction,
they shall revoke the direction.
5
Nothing in section 102 (state hospitals) of the National Health Service (Scotland) Act 1978 (c. 29) prevents or restricts the detention of a patient in a state hospital as a result of a decision under this section by the Scottish Ministers not to revoke the direction to which the patient is subject.
S. 212 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)
S. 212(4)(b)(ii) substituted (22.3.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 70(4), 79(2)