The Mental Health (Scotland) Act 2015 (Commencement No. 1, Transitional and Saving Provisions) Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force certain provisions of the Mental Health (Scotland) Act 2015 (“the Act”).

Article 2 provides that the appointed day for the purposes of this Order is 16th November 2015.

The provisions which are brought into force by article 2 relate to amendments to Chapter 3 of Part 17 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (“the 2003 Act”), in relation to detention in conditions of excessive security.

Section 14 of the Act introduces a requirement for all applications to the Mental Health Tribunal for Scotland in relation to detention in conditions of excessive security to be accompanied by a supportive medical report. Section 15 of the Act repeals section 266 of the 2003 Act to remove the third-stage hearing where the Tribunal has found that a patient is being detained in a state hospital in conditions of excessive security, and makes consequential amendments. That section also repeals section 270 of the 2003 Act, which made equivalent provision for a third-stage hearing in relation to non-state hospital applications. Section 16 of the Act amends sections 268, 269 and 271 of the 2003 Act in relation to applications by patients detained in hospitals other than a state hospital, and introduces new powers (new section 271A of the 2003 Act) for Ministers to make provision by regulations in relation to such applications(1). Section 18 of the Act provides that, for the purposes of Chapter 3 of Part 17 of the 2003 Act, references to a hospital may be read as a reference to a hospital unit.

Articles 3, 4 and 5 make transitional and saving provision to ensure that the requirement for a supportive medical report, introduced by section 14 of the Act, applies only to applications made on or after the appointed day; to retain the third-stage hearing in section 266 of the 2003 Act for applications made before that day; and to ensure that orders under section 266, whenever made, continue to be able to be recalled or enforced on and after the appointed day.

Article 6 sets out when an application is to be taken as having been made, for the purposes of the transitional and saving provisions.

(1)

The Mental Health (Detention in Conditions of Excessive Security) (Scotland) Regulations 2015 were laid before the Scottish Parliament in draft on 31st August 2015 and, subject to Parliamentary approval, are expected to come into force on 16th November 2015.