Explanatory Note
(This note is not part of the Regulations)
The Mental Health (Care and Treatment) (Scotland) Act 2003 (“the Act”) makes provision for taking into custody a patient who is subject to a relevant order or direction made under the criminal justice system and who breaches a relevant condition of that order or direction.
Regulation 2 prescribes the circumstances relating to individual orders or directions in which a patient is liable to be taken into custody.
Regulation 3 prescribes the persons who may take such patients into custody.
Regulation 4 prescribes the steps that may be taken with regard to a patient who has been taken into custody with reference to the particular order or direction to which the patient is subject.
Regulation 5 prescribes the circumstances in which a responsible medical officer must notify certain persons of a patient’s unauthorised absence.
Regulation 6 prescribes the effect of unauthorised absence on the orders or directions to which the patient is subject.
Regulation 7 provides that the responsible medical officer of a patient subject to a compulsion order (without a restriction order) should notify the Mental Welfare Commission of that patient’s unauthorised absence.
Regulation 8 provides that the responsible medical officer of a patient subject to a compulsion order and also subject to a restriction order, a hospital direction or a transfer for treatment direction should notify the Mental Welfare Commission and the Scottish Ministers of that patient’s unauthorised absence.
Regulation 9 prescribes the effect of unauthorised absence on the orders or directions to which the patient is subject.
Regulation 10 provides for a review by the responsible medical officer where a patient who absconded was subject to a compulsion order, without a restriction order, and how this review fits with statutory reviews otherwise required under sections 139 and 140 of the 2003 Act.
Regulation 11 provides for a review by the responsible medical officer where a patient who absconded was subject to a compulsion order and a restriction order, a hospital direction or a transfer for treatment direction and how this review sits with statutory reviews otherwise required under section 182 or 206 of the 2003 Act.
Regulation 12 provides for a review of certain other orders and when a patient’s responsible medical officer may apply to the court for the order to which the patient is subject to be confirmed, or varied.
Regulation 13 provides that a patient’s responsible medical officer may revoke a certificate of suspension where a patient has absconded.