Mental Health (Scotland) Act 2015

Removal and detention of patients

19 Notifying decisions on removal orders

(1) The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

(2) After section 295 there is inserted—

“295A Notification of decision under section 293 or 295

(1) Subsection (2) below applies in relation to a decision of a sheriff or a justice of the peace under section 293 of this Act making, or refusing to make, a removal order.

(2) As soon as practicable after the decision is made, the mental health officer who made the application for the removal order must notify the Commission of the decision.

(3) Subsection (4) below applies in relation to a decision of a sheriff under section 295 of this Act making, or refusing to make, an order recalling or varying a removal order.

(4) As soon as practicable after the decision is made, the mental health officer specified in the removal order must notify the Commission of—

(a) the decision, and

(b) any additional order made under subsection (6) of section 295 of this Act.”.

20 Detention pending medical examination

(1) The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

(2) In section 299 (nurse’s power to detain pending medical examination)—

(a) in subsection (2)—

(i) paragraph (b) is repealed together with the word “and” immediately preceding it,

(ii) in the text following paragraph (b), for the words from “, subject” to the end there is substituted “be detained in the hospital for a period not exceeding 3 hours (“holding period”) for the purpose of enabling the carrying out of a medical examination of the patient by a medical practitioner”,

(b) in paragraph (c) of subsection (3), for the words “to carry out a medical examination of the patient” there is substituted “for a medical examination of the patient to be carried out by a medical practitioner”,

(c) subsection (4) is repealed.