Part 17

Patient representation etc.
Chapter 3

Detention in conditions of excessive security

State hospitals

Order under section 265: further provision
266
1
This section applies where—
a
an order is made under subsection (3) of section 265 of this Act in respect of a patient;
b
the order specifies the period mentioned in paragraph (b)(ii) of that subsection; and
c
the order is not recalled under section 267 of this Act;
and whether or not a certificate under section 127(1) (either as enacted or as applied by section 179(1) of this Act) or 224(2) of this Act has effect in relation to the patient.
2
If the relevant Health Board fails, during the period specified in the order, to give notice to the Tribunal that the patient has been transferred to another hospital, there shall be a hearing before the Tribunal.
3
Where such a hearing is held, the Tribunal may, if satisfied that the patient does not require to be detained under conditions of special security that can be provided only in a state hospital, make an order—
a
declaring that the patient is being detained in conditions of excessive security; and
b
specifying the period of 28 days beginning with the day on which the order is made during which the duties under subsections (4) to (6) below shall be performed.
4
Where the Tribunal makes an order under subsection (3) above in respect of a relevant patient, the relevant Health Board shall identify a hospital—
a
which is not a state hospital;
b
which the Board and the Scottish Ministers, and its managers if they are not the Board, agree is a hospital in which the patient could be detained in appropriate conditions; and
c
in which accommodation is available for the patient.
5
Where the Tribunal makes an order under subsection (3) above in respect of a patient who is not a relevant patient, the relevant Health Board shall identify a hospital—
a
which is not a state hospital;
b
which the Board considers, and its managers if they are not the Board agree, is a hospital in which the patient could be detained in appropriate conditions; and
c
in which accommodation is available for the patient.
6
Where the Tribunal makes an order under subsection (3) above in respect of a patient, the relevant Health Board shall, as soon as practicable after identifying a hospital under subsection (4) or, as the case may be, (5) above, give notice to the managers of the state hospital of the name of the hospital so identified.
7
Before making an order under subsection (3) above, the Tribunal shall afford the persons mentioned in section 264(10) of this Act the opportunity—
a
of making representations (whether orally or in writing); and
b
of leading, or producing, evidence.