Coronavirus Act 2020

PART 2 Modifications of the Mental Health (Care and Treatment) (Scotland) Act 2003

Emergency detention

3 Section 36(8)(b) (emergency detention: period for which patient may be detained in hospital) has effect as if for “72 hours” there were substituted “120 hours”.

Short-term detention certificates

4 (1) An approved medical practitioner may grant a short-term detention certificate in respect of a patient under section 44(1) without consulting a mental health officer if the practitioner considers that compliance with the requirement under that section to consult a mental health officer (and for the mental health officer to consent to the granting of the certificate) is impractical or would involve undesirable delay.

(2) Sub-paragraphs (3) to (6) apply where a short-term detention certificate (the “first certificate”) is in force in respect of a patient.

(3) Despite section 44(1)(b), an approved medical practitioner may grant one further short-term detention certificate (the “second certificate”) in respect of the patient under section 44(1).

(4) The second certificate may be granted before or on the expiry of the first certificate.

(5) If the second certificate is granted before the expiry of the first certificate, the first certificate expires on the granting of the second certificate.

(6) If the approved medical practitioner grants a second certificate, the practitioner must record the reasons why it has been impracticable to apply instead for a compulsory treatment order.

(7) Other than as mentioned in sub-paragraphs (3) to (6), section 44 (as modified by sub-paragraph (1)) applies in relation to a second certificate as it applies in relation to a first certificate.

Compulsory treatment orders

5 (1) An application by a mental health officer under section 63 may be founded on a mental health report from a single approved medical practitioner (who may be the practitioner making the application) if the approved medical practitioner considers that compliance with the requirement under that section for mental health reports from two medical practitioners is impractical or would involve undesirable delay.

(2) A single mental health report must otherwise comply with the requirements of section 57.

Transfer for treatment directions

6 A transfer for treatment direction may be made under section 136(2) if the Scottish Ministers—

(a) are satisfied that complying with the requirement under that section for reports from two medical practitioners is impractical or would involve undesirable delay, and

(b) are satisfied of the matters mentioned in subsections (3) and (4) of that section by a report from a single approved medical practitioner,

and any other conditions for the exercise of the power are met.

Nurse’s power to detain pending medical examination

7 Section 299(2) (nurse’s power to detain pending medical examination) has effect as if for “3 hours” there were substituted “6 hours”.

Admission to hospital

8 Section 136(3) and (6) have effect as if references to admitting a person to hospital within the period of 7 days were references to doing so within that period or as soon as practicable after the end of that period.

Suspension of requirements to review orders and directions authorising detention

9 (1) The provisions listed in sub-paragraph (2) are suspended.

(2) Those provisions are—

(a) section 77 (first mandatory review of compulsory treatment order);

(b) section 78 (further mandatory reviews of compulsory treatment order);

(c) section 139 (first review of compulsion order);

(d) section 140 (further reviews of compulsion order);

(e) section 182 (review of compulsion and restriction order);

(f) section 189 (reference to Tribunal by Scottish Ministers);

(g) section 206 (review of hospital direction and transfer for treatment direction);

(h) section 213 (hospital direction and transfer for treatment direction: reference to Tribunal).

Administration of medicine

10 Medicine (as defined in section 240) may be given to a patient without a certificate under section 241(1) if the patient’s responsible medical officer has requested a certificate from a designated medical practitioner but the practitioner has not yet issued a certificate (and a certificate has not been refused).

Constitution of Mental Health Tribunal for Scotland

11 The Tribunal may consist of—

(a) the President or a single member selected by the President from the panel mentioned in paragraph 1(1)(a) of Schedule 2 (“the convener”), or

(b) the convener and a member selected by the President from the panel mentioned in paragraph 1(1)(b) or (c) of that Schedule,

if it is impractical to comply with paragraph 7(3) of that Schedule.