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Mental Health (Scotland) Act 2015

Type Act of the Scottish Parliament

Publication 2015-08-04

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

PART 1 — THE 2003 ACT

Procedure for compulsory treatment

Measures until application determined

1

(1) The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

(2) In section 64 (powers of Tribunal on application under section 63: compulsory treatment order), after subsection (8) there is inserted—

(8A) If the patient has been detained in hospital by virtue of section 47(4)(a) or 68(2)(a) of this Act in connection with the application by virtue of which this section applies, the 6 months referred to in subsection (4)(a)(i) above is to be regarded as reduced by the period during which the patient has been so detained under that section. (8B) Subsection (8A) above is of no effect if the patient has been detained in hospital in accordance with an interim compulsory treatment order made in connection with the application by virtue of which this section applies.

(3) In section 65 (powers of Tribunal on application under section 63: interim compulsory treatment order), after subsection (6) there is inserted—

(7) If the patient has been detained in hospital by virtue of section 47(4)(a) or 68(2)(a) of this Act in connection with the application by virtue of which this section applies, the 56 days referred to in subsection (3) above is to be regarded as reduced by the period during which the patient has been so detained under that section.

Information where order extended

2

(1) The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

(2) After section 87 there is inserted—

(87A) (1) Subsections (2) and (3) below apply where— (a) a mental health officer receives notice of a determination under section 86 of this Act from a patient's responsible medical officer, and (b) the Tribunal is required by virtue of section 101(2)(a) of this Act to review the determination. (2) The mental health officer must— (a) prepare a record stating the information mentioned in subsection (4) below, (b) submit the record to the Tribunal, and (c) at the same time as submitting the record to the Tribunal, send to the persons mentioned in subsection (6) below— (i) a copy of the record, and (ii) a statement of the matters mentioned in subsection (5) below. (3) At the same time as submitting the record to the Tribunal, the mental health officer must send a copy of the record to the patient except where the officer considers that doing so carries a risk of significant harm to the patient or others. (4) The information to be stated in the record is— (a) the name and address of the patient, (b) if known by the mental health officer, the name and address of— (i) the patient's named person, and (ii) the patient's primary carer, (c) the things done by the mental health officer in compliance with the requirements in subsection (2) of section 85 of this Act (and, if by virtue of subsection (3) of that section the first-listed one has not been complied with, the reason why compliance with it was impracticable), (d) so far as relevant to the extension of the compulsory treatment order— (i) the details of the personal circumstances of the patient, and (ii) if known by the mental health officer, the details of any advance statement made by the patient (and not withdrawn by the patient), (e) the views of the mental health officer on the extension of the compulsory treatment order, and (f) any other information that the mental health officer considers relevant in relation to the extension of the compulsory treatment order. (5) The matters referred to in subsection (2)(c) above are— (a) whether the mental health officer is sending a copy of the record to the patient, and (b) if the mental health officer is not sending a copy of the record to the patient, the reason for not doing so. (6) For the purposes of subsection (2)(c) above, the persons are— (a) the patient's named person, (b) the patient's responsible medical officer, and (c) the Commission.

Transfer to another hospital

3

(1) The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

(2) In section 124 (transfer to other hospital)—

(a) in subsection (1), for the words “by a compulsory treatment order.” there is substituted

by— (a) a compulsory treatment order, or (b) an interim compulsory treatment order.

(b) in subsection (14), for the words “compulsory treatment order” there is substituted “ order in question ”.

Emergency, short-term and temporary steps

Emergency detention in hospital

4

(1) The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

(2) In subsection (2) of section 36 (emergency detention in hospital), after paragraph (d) there is inserted—

(da) section 113(5) of this Act;

(3) In section 38 (duties on hospital managers: examination, notification etc.)—

(a) in paragraph (b)(i) of subsection (3), for the words “persons mentioned in subsection (4) below” there is substituted “ Commission of the granting of the certificate and ”,

(b) after subsection (3) there is inserted—

(3A) The managers of the hospital may, so far as they consider it appropriate, give notice of the matters notified to them under section 37 of this Act to the persons mentioned in subsection (4) below.

(i) in the text preceding paragraph (a), for the words “subsection (3)(a) and (b)(i)” there is substituted “ subsections (3)(a) and (3A) ”,

(ii) after paragraph (c) there is inserted—

(ca) if known to the managers and not falling within paragraph (a) or (b) above— (i) any guardian of the patient; and (ii) any welfare attorney of the patient.

(iii) paragraph (d) is repealed together with the word “and” immediately preceding it.

(4) In subsection (2) of section 40 (revocation of emergency detention certificate: notification), after the word “inform” there is inserted “ the Commission and ”.

(5) In subsection (4) of section 42 (certificate under section 41: revocation), after the word “inform” there is inserted “ the Commission and ”.

Short-term detention in hospital

5

(1) The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

(2) In subsection (2) of section 44 (short-term detention in hospital), after paragraph (c) there is inserted—

(ca) section 113(5) of this Act;

(3) In section 46 (hospital managers' duties: notification)—

(a) in subsection (3), the words “, and send a copy of it,” are repealed,

(b) after subsection (3) there is inserted—

(4) When giving notice under subsection (2) or (3) above, the managers of the hospital are to send a copy of the certificate to each recipient of the notice.

Meaning of temporary compulsion

6

(1) The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

(2) In section 230 (appointment of patient's responsible medical officer), in paragraph (c) of the definition of “appropriate act” in subsection (4), the words “under section 54(1)(c) of the 1995 Act” are repealed.

(3) In section 329 (interpretation), at the appropriate alphabetical place in subsection (1) there is inserted—

“temporary compulsion order” means an order made under section 54(1)(c) of the 1995 Act;

Suspension of orders and measures

Suspension of orders on emergency detention

7

(1) The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

(2) In section 43 (effect of subsequent emergency detention certificate on compulsory treatment order)—

(a) in paragraph (a) of subsection (1), for the words “compulsory treatment order” there is substituted “ relevant order ”,

(b) in subsection (2), for the words “The compulsory treatment order” there is substituted “ A relevant order ”,

(i) after the word “Act” there is inserted “ or (as the case may be) section 57A(8)(b) of the 1995 Act ”,

(ii) for the words “compulsory treatment order” in each place where they occur there is substituted “ relevant order ”,

(d) after subsection (3) there is inserted—

(4) In this section, the references to a relevant order are to— (a) a compulsion order, or (b) a compulsory treatment order or an interim compulsory treatment order.

(3) In relation to section 43—

(a) its title becomes “ Effect of emergency detention certificate on certain orders ”,

(b) the italic heading immediately preceding it becomes “ Effect of emergency detention certificate on certain orders ”.

Suspension of orders on short-term detention

8

(1) The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

(2) In section 56 (effect of subsequent short-term detention certificate on compulsory treatment order)—

(a) in paragraph (a) of subsection (1), for the words “compulsory treatment order” there is substituted “ relevant order ”,

(b) for subsection (2) there is substituted—

(2) A relevant order shall cease to authorise the measures specified in it for the period during which the patient is subject to— (a) the short-term detention certificate, or (b) an extension certificate.

(3) In this section, the references to a relevant order are to— (a) a compulsion order, or (b) a compulsory treatment order or an interim compulsory treatment order.

(3) In relation to section 56—

(a) its title becomes “ Effect of short-term detention certificate etc. on certain orders ”,

(b) the italic heading immediately preceding it becomes “ Effect of short-term detention certificate etc. on certain orders ”.

Suspension of detention for certain purposes

9

(1) The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

(2) In section 127 (suspension of measure authorising detention)—

(a) in subsection (1), the words “not exceeding 6 months” are repealed,

(b) after subsection (1) there is inserted—

(1A) A certificate under subsection (1) above may specify— (a) a single period not exceeding 200 days, or (b) a series of more than one individual period falling within a particular 6 month period.

(3A) A certificate under subsection (3) above may specify— (a) a single period, or (b) a series of more than one individual period.

(d) subsection (4) is repealed,

(e) after subsection (4) there is inserted—

(4A) The purpose for which a certificate under subsection (1) or (3) above is granted must be recorded in the certificate.

(3) In section 221 (assessment order: suspension of measure authorising detention)—

(a) after subsection (2) there is inserted—

(2A) A certificate under subsection (2) above may specify— (a) a single period, or (b) a series of more than one individual period.

(b) after subsection (3) there is inserted—

(3A) Subsection (3) above does not require the consent of the Scottish Ministers if the granting of the certificate is for the purpose of enabling the patient to— (a) attend a hearing in criminal proceedings against the patient, or (b) meet a medical or dental appointment made for the patient.

(d) after subsection (4) there is inserted—

(4A) The purpose for which a certificate under subsection (2) above is granted must be recorded in the certificate.

(4) In section 224 (patients subject to certain other orders and directions: suspension of measure authorising detention)—

(a) in subsection (1), after paragraph (b) there is inserted—

(ba) a temporary compulsion order;

(b) in subsection (2), the words “not exceeding 3 months” are repealed,

(2A) A certificate under subsection (2) above may specify— (a) a single period not exceeding 90 days, or (b) a series of more than one individual period falling within a particular 3 month period.

(d) after subsection (3) there is inserted—

(3A) In the case of a treatment order, an interim compulsion order or a temporary compulsion order, subsection (3) above does not require the consent of the Scottish Ministers if the granting of the certificate is for the purpose of enabling the patient to— (a) attend a hearing in criminal proceedings against the patient, or (b) meet a medical or dental appointment made for the patient.

(e) subsection (5) is repealed,

(f) after subsection (5) there is inserted—

(5A) The purpose for which a certificate under subsection (2) above is granted must be recorded in the certificate.

Maximum suspension of particular measures

10

(1) The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

(2) In section 127 (suspension of measure authorising detention)—

(a) for subsection (2) there is substituted—

(2) The total period that an order does not, by reason of certification under subsection (1) above, authorise the measure mentioned in section 66(1)(a) of this Act must not exceed 200 days within any period of 12 months (whenever counted from).

(b) after subsection (2) there is inserted—

(2A) For the purpose of subsection (2) above— (a) a day does not count towards the total period if the measure is (by reason of such certification) not authorised for a period of 8 hours or less in that day, (b) a single period (specified in such certification) of more than 8 hours and less than 24 hours, whether in one day or spanning two days, is to count as a whole day towards the total period.

(3) In section 128 (suspension of other measures)—

(a) in each of subsections (1) and (2), for the words “3 months” there is substituted “ 90 days ”,

(b) after subsection (2) there is inserted—

(2A) A day is to count as a whole day towards the 90 days mentioned in subsection (2) above if any part of that day falls within the period mentioned in paragraph (a) or (b) of that subsection.

(4) In section 224 (patients subject to certain other orders and directions: suspension of measure authorising detention)—

(a) for subsection (4) there is substituted—

(4) The total period that an order or direction does not, by reason of certification under subsection (2) above, authorise the detention of a patient in hospital must not exceed 200 days within any period of 12 months (whenever counted from).

(b) after subsection (4) there is inserted—

(4A) For the purpose of subsection (4) above— (a) a day does not count towards the total period if the detention is (by reason of such certification) not authorised for a period of 8 hours or less in that day, (b) a single period (specified in such certification) of more than 8 hours and less than 24 hours, whether in one day or spanning two days, is to count as a whole day towards the total period.”. Specification of hospital units

Specification of hospital units

Specification for detention measures

11

(1) The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

(2) In section 36 (emergency detention in hospital), after subsection (12) there is inserted—

(13) A reference in this section to a hospital may be read as a reference to a hospital unit. (14) For the purpose of subsection (13) above, “hospital unit” means any part of a hospital which is treated as a separate unit.

(3) In section 44 (short-term detention in hospital), after subsection (11) there is inserted—

(12) In this section and sections 46 to 49 of this Act, a reference to a hospital may be read as a reference to a hospital unit. (13) For the purposes of subsection (12) above, “hospital unit” means any part of a hospital which is treated as a separate unit.

(4) After section 71 there is inserted—

(71A) (1) In sections 62 to 68 of this Act, a reference to a hospital may be read as a reference to a hospital unit. (2) For the purposes of subsection (1) above, “hospital unit” means any part of a hospital which is treated as a separate unit.

Transfer of prisoner to hospital unit

12

(1) The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

(2) In section 136 (transfer of prisoners for treatment for mental disorder), after subsection (10) there is inserted—

(11) A reference in this section to a hospital may be read as a reference to a hospital unit. (12) For the purpose of subsection (11) above, “hospital unit” means any part of a hospital which is treated as a separate unit.

Transfer from specified unit

13

(1) The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

(2) After section 124 there is inserted—

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