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—
“1AIn 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;””.