PART 1THE 2003 ACT

Cross-border transfers and absconding patients

32Cross-border transfer of patients

(1)

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

(2)

In section 289 (cross-border transfer: patients subject to requirement other than detention), in paragraph (b) of subsection (1)—

(a)

the words from “a person” to the end become sub-paragraph (i),

(b)

after that sub-paragraph (as so numbered) there is inserted—

“(ii)

a person subject to corresponding requirements in a member State of the European Union (apart from the United Kingdom) and removed from that State.”.

(3)

In section 290 (cross-border transfer: patients subject to detention requirement or otherwise in hospital)—

(a)

in paragraph (c) of subsection (1)—

(i)

the words from “a person” to the end become sub-paragraph (i),

(ii)

after that sub-paragraph (as so numbered) there is inserted—

“(ii)

a person subject to corresponding measures in a member State of the European Union (apart from the United Kingdom) and removed from that State.”,

(b)

for paragraph (f) of subsection (2) there is substituted—

“(f)

enable an appeal against any such decision to be made by—

(i)

such a patient,

(ii)

the named person of such a patient,

(iii)

if such a patient has no named person—

  • any guardian of such a patient,

  • any welfare attorney of such a patient,

  • the primary carer (if any) of such a patient,

  • the nearest relative of such a patient;”.

(4)

In section 309A (cross-border visits: leave of absence), in subsection (1)—

(a)

the words from “a person” to the end become paragraph (a),

(b)

after that paragraph (as so numbered) there is inserted—

“(b)

a person who is subject to a corresponding suspension of detention in a member State of the European Union (apart from the United Kingdom).”.