Part 17

Patient representation etc.
Chapter 3

Detention in conditions of excessive security

Process for orders: further provision

Regulation-making powers
271A
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.
S. 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