Draft Order laid before the Scottish Parliament under paragraph 7(6) of schedule 1A to the Mental Health (Care and Treatment) (Scotland) Act 2003 for approval by resolution of the Scottish Parliament.
2014 No.
The National Confidential Forum (Prescribed Care and Health Services) (Scotland) Order 2014
Made
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by paragraph 7(3) of schedule 1A to the Mental Health (Care and Treatment) (Scotland) Act 20031 and all other powers enabling them to do so.
In accordance with paragraph 7(6) of schedule 1A to that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and interpretation1
1
This Order may be cited as the National Confidential Forum (Prescribed Care and Health Services) (Scotland) Order 2014 and comes into force on 1st July 2014.
2
In this Order—
“prescribed” means prescribed for the purposes of paragraph 7(3) of schedule 1A to the Mental Health (Care and Treatment) (Scotland) Act 2003.
Prescribed health services2
1
The health services prescribed are health services provided in—
a
a hospital;
b
an independent clinic;
c
a sanatorium.
2
In paragraph (1)(a), “hospital” has the meaning given in section 108(1) of the National Health Service (Scotland) Act 19782.
3
In paragraph (1)(b), “independent clinic” has the meaning given in section 10F(2)3 of that Act.
Prescribed care services3
1
The care services prescribed are—
a
the provision of school education;
b
the provision of accommodation—
i
by, or on behalf of, a local authority in pursuance of its duty under any enactment to provide accommodation for children;
ii
iii
by a voluntary organisation or any other person in a children’s home;
iv
to evacuees during war;
v
to persons by reason of a disability (physical or mental);
vi
to persons on remand or sentenced to imprisonment or detention, or whose liberty is otherwise restricted; and
vii
to persons in need by reason of being destitute.
2
In paragraph 1(a), “school education” has the meaning given by section 1(5) of the Education (Scotland) Act 19807.
3
In paragraph 1(b)(i), the reference to a local authority includes any body which, before 1st February 19968, exercised functions analogous to those of a local authority.
Services provided at private dwellings4
Neither article 2 nor article 3 are to be taken to prescribe a service provided at premises used wholly or mainly as a private dwelling.
(This note is not part of the Order)