21.—6) The Prisoners and Young Offenders Rules 1994(1) are amended as follows.
(1) For rule 31 (transfer to hospital for treatment for mental disorder)(2) substitute–
“31.—(1) Where it appears to a medical officer that a prisoner to whom section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 applies has a mental disorder such that the conditions referred to in section 136(4) of that Act are satisfied in respect of that prisoner, he shall obtain reports as mentioned in section 136(2) of that Act.
(2) If the medical reports referred to in paragraph (1) are to the effect that the conditions referred to in section 136(4) of the Mental Health (Care and Treatment) (Scotland) Act 2003 are satisfied, the Governor shall submit the reports to the Scottish Ministers.
(3) Where it appears to a medical officer that an untried prisoner has a mental disorder such that the grounds are satisfied upon which an application may be made for his admission to a hospital under section 52D of the Criminal Procedure (Scotland) Act 1995, he shall obtain in respect of the prisoner such written evidence as is mentioned in section 52D(2)(a) of that Act.
(4) Where it appears to a medical officer that an untried prisoner has a mental disorder such that the grounds are satisfied upon which an application may be made for his admission to a hospital under section 52M of the Criminal Procedure (Scotland) Act 1995, he shall obtain in respect of the prisoner such written evidence as is mentioned in section 52M(2)(a) of that Act by 2 medical practitioners in compliance with the requirements of section 61(1) of that Act, one of whom may be a medical officer.
(5) If the written evidence referred to in paragraph (3) or (4) is to the effect that the grounds upon which an application may be made for the admission of the prisoner to a hospital under section 52D or 52M of the Criminal Procedure (Scotland) Act 1995 are satisfied, the Governor shall submit the written evidence to the Scottish Ministers.”.
(2) In rule 101A(1) (review of punishments following transfer of a prisoner to hospital)(3), for “71 of the Mental Health (Scotland) Act 1984” substitute “136 of the Mental Health (Care and Treatment) (Scotland) Act 2003”.