PART 1THE 2003 ACT

Arrangements for treatment of prisoners

35Compulsory treatment of prisoners

(1)

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

(2)

In schedule 2 (the Mental Health Tribunal for Scotland), in paragraph 7—

(a)

in sub-paragraph (4), for the words “(other than proceedings relating solely to an application under section 255 or 256 of this Act)” there is substituted “ (other than excepted proceedings) ”,

(b)

after sub-paragraph (4) there is inserted—

“(4A)

For the purpose of sub-paragraph (4) above, the following are excepted proceedings—

(a)

proceedings relating solely to an application under section 255 or 256 of this Act, or

(b)

proceedings relating to an application for a compulsory treatment order in respect of a patient subject to—

(i)

a hospital direction, or

(ii)

a transfer for treatment direction.”.

(3)

In schedule 3 (application of Chapter 1 of Part 7 to certain patients), after paragraph 1 there is inserted—

“1A

In the case of a patient subject to a hospital direction or a transfer for treatment direction, section 60(1) of this Act shall have effect as if, after paragraph (b), there were inserted—

“(ba)

to the Scottish Ministers;”