PART 1THE 2003 ACT

Orders regarding level of security

14Requirement for medical report

(1)

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

(2)

In section 264 (detention in conditions of excessive security: state hospitals), after subsection (7) there is inserted—

“(7A)

An application may not be made under subsection (2) above unless it is accompanied by a report prepared by a medical practitioner which—

(a)

states that in the practitioner's opinion the patient does not require to be detained under conditions of special security that can be provided only in a state hospital, and

(b)

sets out the practitioner's reasons for being of that opinion.”.

(3)

In section 268 (detention in conditions of excessive security: hospitals other than state hospitals), after subsection (7) there is inserted—

“(7A)

An application may not be made under subsection (2) above unless it is accompanied by a report prepared by a medical practitioner which—

(a)

states that in the practitioner's opinion the test specified in regulations made under section 271A(2) of this Act is met in relation to the patient, and

(b)

sets out the practitioner's reasons for being of that opinion.”.