Textual Amendments
F1S. 271A and cross-heading inserted (16.11.2015) by Mental Health (Scotland) Act 2015 (asp 9), ss. 16(5), 61(2); S.S.I. 2015/361, art. 2
(1)A hospital is a “qualifying hospital” for the purposes of sections 268 to 271 of this Act if—
(a)it is not a state hospital, and
(b)it is specified, or is of a description specified, in regulations.
(2)Regulations may specify the test for the purposes of sections 268(2), 269(3) and 271(2)(a) of this Act.
(3)Regulations under subsection (2) above specifying the test—
(a)must include as a requirement for the test to be met in relation to a patient that the Tribunal be satisfied that detention of the patient in the hospital in which the patient is being detained involves the patient being subject to a level of security that is excessive in the patient's case, and
(b)may include further requirements for the test to be met in relation to a patient.
(4)Regulations may make provision about when, for the purposes of—
(a)any regulations made under subsection (2) above, and
(b)sections 268 to 271 of this Act,
a patient's detention in a hospital is to be taken to involve the patient being subject to a level of security that is excessive in the patient's case.
(5)Regulations may modify sections 264 and 268 of this Act so as to provide that a person must meet criteria besides being a medical practitioner in order to prepare a report for the purpose of subsection (7A) in each of those sections.]