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Mental Health (Scotland) Act 2015

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PART 1 — THE 2003 ACT

Procedure for compulsory treatment

Measures until application determined

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(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.

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(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.

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Information where order extended

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(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.

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Transfer to another hospital

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

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Emergency, short-term and temporary steps

Emergency detention in hospital

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

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(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.

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(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.

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Short-term detention in hospital

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

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(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.

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Meaning of temporary compulsion

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

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Suspension of orders and measures

Suspension of orders on emergency detention

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(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.

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Suspension of orders on short-term detention

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(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.

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(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.

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Suspension of detention for certain purposes

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(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.

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

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

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

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(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.

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

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(ba) a temporary compulsion order;

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(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.

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(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.

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

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Maximum suspension of particular measures

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(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).

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(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.

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(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.

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(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).

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(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

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Specification of hospital units

Specification for detention measures

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(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.

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(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.

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(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.

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Transfer of prisoner to hospital unit

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(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.

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Transfer from specified unit

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(124A) (1) Subsection (2) below applies where— (a) the detention of a patient in hospital is authorised by— (i) a compulsory treatment order, or (ii) an interim compulsory treatment order, and (b) that order specifies the hospital unit in which the patient is to be detained. (2) The managers of the hospital in which the patient is detained may transfer the patient to another hospital unit within the same hospital. (3) In relation to a transfer or proposed transfer under subsection (2) above, section 124(4) to (14) of this Act applies subject to the following modifications— (a) a reference to section 124(2) is to be read as a reference to subsection (2) above, (b) subsection (10)(a) is to be ignored, (c) in subsection (12), a reference to the hospital from which the patient is transferred is to be read as a reference to the hospital in which the patient is detained, (d) in subsections (13)(b) and (14), a reference to the hospital to which the patient is transferred is to be read as a reference to the hospital unit to which the patient is transferred. (4) For the purposes of this section, “hospital unit” means any part of a hospital which is treated as a separate unit.

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Orders regarding level of security

Requirement for medical report

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(7A) An application may not be made under subsection (2) above unless it is accompanied by a report prepared by a medical practitioner which— (a) states that in the practitioner's opinion the patient does not require to be detained under conditions of special security that can be provided only in a state hospital, and (b) sets out the practitioner's reasons for being of that opinion.

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(7A) An application may not be made under subsection (2) above unless it is accompanied by a report prepared by a medical practitioner which— (a) states that in the practitioner's opinion the test specified in regulations made under section 271A(2) of this Act is met in relation to the patient, and (b) sets out the practitioner's reasons for being of that opinion.

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Process for enforcement of orders

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(a) an order under section 264(2) of this Act, or (c) an order under section 268(2) of this Act,

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(a) an order under section 265(3) of this Act, or (c) an order under section 269(3) of this Act,

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Orders relating to non-state hospitals

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(271A) (1) A hospital is a “qualifying hospital” for the purposes of sections 268 to 271 of this Act if— (a) it is not a state hospital, and (b) it is specified, or is of a description specified, in regulations. (2) Regulations may specify the test for the purposes of sections 268(2), 269(3) and 271(2)(a) of this Act. (3) Regulations under subsection (2) above specifying the test— (a) must include as a requirement for the test to be met in relation to a patient that the Tribunal be satisfied that detention of the patient in the hospital in which the patient is being detained involves the patient being subject to a level of security that is excessive in the patient's case, and (b) may include further requirements for the test to be met in relation to a patient. (4) Regulations may make provision about when, for the purposes of— (a) any regulations made under subsection (2) above, and (b) sections 268 to 271 of this Act, a patient's detention in a hospital is to be taken to involve the patient being subject to a level of security that is excessive in the patient's case. (5) Regulations may modify sections 264 and 268 of this Act so as to provide that a person must meet criteria besides being a medical practitioner in order to prepare a report for the purpose of subsection (7A) in each of those sections.

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“relevant patient” means a patient whose detention in hospital is authorised by— (a) if the patient is also subject to a restriction order, a compulsion order, (b) a hospital direction, or (c) a transfer for treatment direction.

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Section 16: exercise of powers before commencement

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Meaning of hospital in sections 264 to 273 of the 2003 Act

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(2) In this Chapter, a reference to a hospital may be read as a reference to a hospital unit. (3) For the purposes of this Chapter, “hospital unit” means any part of a hospital which is treated as a separate unit.

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Removal and detention of patients

Notifying decisions on removal orders

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(295A) (1) Subsection (2) below applies in relation to a decision of a sheriff or a justice of the peace under section 293 of this Act making, or refusing to make, a removal order. (2) As soon as practicable after the decision is made, the mental health officer who made the application for the removal order must notify the Commission of the decision. (3) Subsection (4) below applies in relation to a decision of a sheriff under section 295 of this Act making, or refusing to make, an order recalling or varying a removal order. (4) As soon as practicable after the decision is made, the mental health officer specified in the removal order must notify the Commission of— (a) the decision, and (b) any additional order made under subsection (6) of section 295 of this Act.

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Detention pending medical examination

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Periodical referral of cases

Periodical referral of cases

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Representation by named persons

Named person not to be automatic

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Consent to being named person

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(2A) A nomination under subsection (1) above is valid only if— (a) a docket to the nomination states that the person nominated has consented to the nomination, (b) the docket is signed by the nominated person, and (c) the nominated person's signature is witnessed by a prescribed person.

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(5) An order under this section appointing a person to be a patient's named person may be made only if— (a) a document, signed by the person, states that the person has consented to being the patient's named person, and (b) the person's signature is witnessed by someone. (6) A person appointed by an order under this section to be a patient's named person ceases to be the patient's named person by giving notice to that effect to— (a) the Tribunal, (b) the patient, and (c) the local authority for the area in which the patient resides.

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Appointment of named person

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(3A) For the purpose of subsection (2), this subsection allows an order— (a) in any case, to declare that the acting named person is not the named person, (b) if the patient has not attained the age of 16 years, to appoint the person specified in the order to be the patient's named person in place of the acting named person.

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Ability to act if no named person

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(257A) (1) This section applies if— (a) a patient does not have a named person, (b) the patient has attained the age of 16 years, and (c) the patient is incapable in relation to a decision as to whether to initiate an application or appeal in the patient's case. (2) In subsection (1)(c) above, “incapable” has the same meaning as in section 250 of this Act. (3) Each of the persons listed in subsection (9)(a) to (d) below has authority to initiate an application or appeal that may be made by the patient under section 50(1), 99(1), 100(2), 120(2), 125(2), 126(2), 163(1), 164(2), 192(2), 201(1), 204(1), 214(2), 219(2), 220(2), 264(2), 268(2), 320(2), 321(1) or 322(2) of this Act. (4) Each of the persons listed in subsection (9)(a) and (b) below has authority to obtain any notice or information that is to be provided under section 54(3), 60(1), 87(2)(c), 124(4) or (6), 127(7), 128(3), 129(3) or (4), 153(2)(c), 200(3), 218(4), (6) or (10)(b), 224(8), 225(3) or 226(3) of this Act. (5) The reference in subsection (3) above to section 264(2), 268(2), 320(2), 321(1) or 322(2) of this Act does not apply in relation to a guardian or a welfare attorney of the patient (as that person is already entitled to make an application or appeal under that section). (6) In the application of subsection (4) above— (a) the reference to section 87(2)(c) or 153(2)(c) relates only to notice of the determination mentioned in that section (and not also to a copy of the record mentioned in that section), (b) the reference to section 128(3) or 129(4) relates to a responsible medical officer's reasons only if that officer is satisfied that it is appropriate to give notice of them to a guardian or a welfare attorney of the patient (having regard to the need to ensure the patient's wellbeing and confidentiality). (7) Neither of the persons listed in subsection (9)(c) or (d) below has authority to act in relation to a patient by virtue of this section if the patient has made a written declaration precluding the person (or all persons) from so acting. (8) Subsections (2) to (5) and (7) of section 250 of this Act apply to a declaration mentioned in subsection (7) above as they apply to a nomination to which subsection (1) of that section relates (with that section to be read accordingly). (9) The listed persons are— (a) any guardian of the patient, (b) any welfare attorney of the patient, (c) the patient's primary carer (if any), (d) the patient's nearest relative.

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Advance statements and patients' rights

Advance statements to be registered

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(276A) (1) Subsection (2) below applies where a Health Board receives a copy of an advance statement, or a copy of a document withdrawing an advance statement, from— (a) the person who made the statement, or (b) any individual acting with the person's authority in relation to the statement. (2) The Health Board must— (a) place a copy of the statement or document with the person's medical records, and (b) inform the Commission— (i) that a copy of the statement or document is held with the person's medical records, and (ii) of the premises at which the medical records are kept (and the personal and administrative details essential for identifying the records as the person's). (276B) (1) Where the Commission receives information by virtue of section 276A(2) of this Act, the Commission must enter the information in a register of advance statements maintained by it (and mark the date on which the entry is made). (2) The Commission must allow an entry in the register to be inspected at a reasonable time— (a) by the person whose medical records are referred to in the entry, (b) with respect to treatment of the person for mental disorder, by any individual acting on the person's behalf, (c) for the purpose of making decisions or taking steps with respect to the treatment of the person for a mental disorder, by— (i) a mental health officer dealing with the person's case, (ii) the person's responsible medical officer, (iii) the Health Board responsible for the person's treatment. (276C) (1) A Health Board is to publicise any support that it offers for— (a) making or withdrawing an advance statement, (b) sending a copy of an advance statement, or a copy of a document withdrawing an advance statement, to a Health Board. (2) A Health Board must give the Commission such information as the Commission may from time to time seek on what the Health Board is doing in order to comply with subsection (1) above.

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Information about advocacy services

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(259A) (1) Each of the bodies mentioned in subsection (2) below must give the Commission such information as the Commission may from time to time seek on how the body— (a) has, during a period of at least 2 years specified by the Commission, been exercising the functions conferred on the body by section 259 of this Act, and (b) intends, during a period of at least 2 years specified by the Commission, to exercise the functions conferred on the body by section 259 of this Act. (2) The bodies are— (a) a local authority, (b) a Health Board, (c) the State Hospitals Board for Scotland.

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Communication at medical examination etc.

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(261A) (1) Subsection (2) below applies where— (a) a medical examination or interview referred to in subsection (4)(a) or (b) below is to be carried out, and (b) the subject of it— (i) has difficulty in communicating, or (ii) generally communicates in a language other than English. (2) The appropriate person must take all reasonable steps to secure that, for the purpose of enabling the subject of the medical examination or interview to communicate during it— (a) arrangements appropriate to the subject's needs are made, or (b) the subject is provided with assistance, or material, appropriate to those needs. (3) As soon as practicable after taking any steps under subsection (2) above, the appropriate person must make a written record of the steps. (4) This subsection refers to— (a) a medical examination by virtue of section 36(1)(a), 44(1)(a), 57(2) or 136(2) of this Act, (b) an interview by virtue of— (i) section 45(1)(a) or 61(2)(a) of this Act, or (ii) section 57C(2)(a) or 59B(2)(a) of the 1995 Act. (5) In subsections (2) and (3) above, “the appropriate person” means— (a) in relation to a medical examination by virtue of section 136(2) of this Act, the Scottish Ministers, (b) in relation to a medical examination by virtue of any of the other sections of this Act mentioned in subsection (4)(a) above— (i) if it is to be carried out at a hospital, the managers of the hospital, (ii) if it is to be carried out elsewhere, the medical practitioner carrying it out, (c) in relation to an interview referred to in subsection (4)(b) above— (i) if it is to be carried out at a hospital, the managers of the hospital, (ii) if it is to be carried out elsewhere, the mental health officer carrying it out.

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Conflicts of interest to be avoided

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(291A) (1) There must not be a conflict of interest in relation to a medical examination to be carried out for the purpose of section 36(1), 44(1), 47(1), 57(2), 77(2), 78(2), 139(2), 140(2) or 182(2) of this Act. (2) Regulations may— (a) specify circumstances in which, in the application of subsection (1) above— (i) there is to be taken to be a conflict of interest, (ii) there is not to be taken to be a conflict of interest, (b) specify circumstances in which subsection (1) above does not apply.

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Safeguarding the patient’s interest

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(iii) any guardian of the patient; and (iv) any welfare attorney of the patient;

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Services and accommodation for mothers

Services and accommodation for mothers

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for— (i) post-natal depression; or (ii) a mental disorder (other than post-natal depression),

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(1A) But a Health Board is required to provide services and accommodation under subsection (1) above only if it is satisfied that doing so would be beneficial to the wellbeing of the child.

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Cross-border transfers and absconding patients

Cross-border transfer of patients

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(ii) a person subject to corresponding requirements in a member State of the European Union (apart from the United Kingdom) and removed from that State.

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(ii) a person subject to corresponding measures in a member State of the European Union (apart from the United Kingdom) and removed from that State.

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(f) enable an appeal against any such decision to be made by— (i) such a patient, (ii) the named person of such a patient, (iii) if such a patient has no named person— - any guardian of such a patient, - any welfare attorney of such a patient, - the primary carer (if any) of such a patient, - the nearest relative of such a patient;

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(b) a person who is subject to a corresponding suspension of detention in a member State of the European Union (apart from the United Kingdom).

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Dealing with absconding patients

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(b) persons in Scotland who are subject to corresponding requirements or corresponding measures in a member State of the European Union (apart from the United Kingdom).

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(2ZA) Regulations may make provision applying specific provisions in Part 16 of this Act to persons to whom sections 301 to 303 of this Act apply by virtue of subsection (1) above. (2ZB) Regulations under subsection (2ZA) above may make such modifications of that Part in that application as the Scottish Ministers think fit. (2ZC) But regulations under subsection (2ZA) above may not— (a) apply any of that Part to persons who are subject to requirements or measures corresponding only to detention in hospital in accordance with an emergency detention certificate, or (b) authorise medical treatment of the types mentioned in section 234(2) or 237(3) of this Act.

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(3A) In making provision as described in paragraphs (a) and (b) of subsection (1) above, regulations under that subsection may specify persons who are authorised by patients' responsible medical officers.

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Arrangements for treatment of prisoners

Agreement to transfer of prisoners

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(aa) that— (i) a mental health officer has agreed to the making of the direction, or (ii) it has been impracticable to obtain the agreement of a mental health officer;

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Compulsory treatment of prisoners

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(4A) For the purpose of sub-paragraph (4) above, the following are excepted proceedings— (a) proceedings relating solely to an application under section 255 or 256 of this Act, or (b) proceedings relating to an application for a compulsory treatment order in respect of a patient subject to— (i) a hospital direction, or (ii) a transfer for treatment direction.

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(1A) In the case of a patient subject to a hospital direction or a transfer for treatment direction, section 60(1) of this Act shall have effect as if, after paragraph (b), there were inserted— (ba) to the Scottish Ministers;

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Provision of information by the Commission

Provision of information by the Commission

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(2) Before making regulations under subsection (1) above, the Scottish Ministers shall consult such persons as they consider appropriate.

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Review of deaths of patients in hospital for treatment

Review of deaths of patients in hospital for treatment

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PART 2 — CRIMINAL CASES

Making and effect of disposals

Making certain orders in remand cases

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Detention under compulsion orders

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(b) subject to subsection (4A) below, make a restriction order in respect of the person (that is, in addition to a compulsion order authorising the detention of the person in a hospital);

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Periods for assessment orders

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(6A) For the purpose of subsection (6)(b) and (c) above, the relevant period is the period— (a) beginning with the day on which the order is made, (b) expiring at the end of the 28 days following that day.

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(4A) For the purpose of subsection (4) above, the relevant period is the period— (a) beginning with the day on which the order would otherwise cease to authorise the detention of the person in hospital, (b) expiring at the end of the 14 days following that day.

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(1A) For the purpose of subsection (1)(a) and (b) above, the relevant period is the period— (a) beginning with the day on which the order is made, (b) expiring— (i) as regards subsection (1)(a) above, at the end of the 7 days following the day mentioned in paragraph (a) of this subsection, (ii) as regards subsection (1)(b) above, at the end of the 28 days following the day mentioned in paragraph (a) of this subsection.

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Periods for treatment orders

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(1A) For the purpose of subsection (1)(a) above, the relevant period is the period— (a) beginning with the day on which the order is made, (b) expiring at the end of the 7 days following that day.

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Periods for short-term compulsion

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(8A) For the purpose of subsection (8)(b) and (c) above, the relevant period is the period— (a) beginning with the day on which the order is made, (b) expiring at the end of the 12 weeks following that day.

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(4A) For the purpose of subsection (4) above, the relevant period is the period— (a) beginning with the day on which the order would cease to have effect if it were not extended, (b) expiring at the end of the 12 weeks following that day.

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the period— (a) beginning with the day on which the order was first made, (b) expiring at the end of the 12 months following that day.

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Periods for compulsion orders

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(2A) For the purpose of subsection (2) above, the relevant period is the period— (a) beginning with the day on which the order is made, (b) expiring at the end of the 6 months following that day.

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Periods for hospital directions

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Variation of certain orders

Variation of interim compulsion orders

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, and (b) if it seems appropriate to do so, direct that the offender be admitted to the hospital specified in the direction.

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(7A) Where a direction is made under subsection (4) above, the interim compulsion order has effect as if the hospital specified in the direction were the hospital specified in the order.

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Transfer of patient to suitable hospital

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(61A) (1) Subsection (2) below applies in relation to a person who is subject to— (a) an assessment order, (b) a treatment order, (c) an interim compulsion order, or (d) a temporary compulsion order (see section 54(1)(c) of this Act). (2) The person's responsible medical officer may transfer the person from the specified hospital to another hospital. (3) The responsible medical officer may transfer the person only if satisfied that, for the purpose for which the order in question is made— (a) the specified hospital is not suitable, and (b) the other hospital is suitable. (4) In considering the suitability of each hospital, the responsible medical officer is to have particular regard to the specific requirements and needs in the person's case. (5) As far before the transfer as practicable, the responsible medical officer must— (a) inform the person of the reason for the transfer, (b) notify the managers of the specified hospital, and (c) obtain the consent of— (i) the managers of the other hospital, and (ii) the Scottish Ministers. (6) As soon after the transfer as practicable, the responsible medical officer must notify— (a) any solicitor known by the officer to be acting for the person, and (b) the court which made the order in question. (7) A person may be transferred under subsection (2) above only once with respect to the order in question. (8) Where a person is transferred under subsection (2) above, the order in question has effect as if the other hospital were the specified hospital. (9) In this section— - “managers” has the meaning given by section 329(1) of the Mental Health (Treatment and Care) Scotland) Act 2003, - “responsible medical officer” has the meaning given by section 329(4) of that Act, - “specified hospital” means hospital to which the person is admitted by virtue of the order in question.

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Specification of hospital units

Specification of unit

47

(61B) (1) A reference in this Part to a hospital may be read as a reference to a hospital unit. (2) In the operation of section 61A of this Act in relation to a transfer from one hospital unit to another within the same hospital— (a) subsection (2) of that section applies by virtue of subsection (1) of that section where the order in question specifies the hospital unit in which the person is to be detained, (b) in subsection (5) of that section— (i) paragraph (b) is to be ignored, (ii) in paragraph (c)(i), the reference to the managers of the other hospital is to be read as a reference to the managers of the hospital in which the person is detained. (3) For the purposes of this section, “hospital unit” means any part of a hospital which is treated as a separate unit.

.

Transfer from specified unit

48

(218A) (1) Subsection (2) below applies where— (a) a patient is subject to— (i) a compulsion order and a restriction order, (ii) a hospital direction, or (iii) a transfer for treatment direction, and (b) that order or (as the case may be) direction specifies the hospital unit in which the patient is to be detained. (2) If the condition in subsection (3) below is satisfied, the managers of the hospital in which the patient is detained may transfer the patient to another hospital unit within the same hospital. (3) The condition is that the Scottish Ministers consent to the transfer. (4) In relation to a transfer or proposed transfer under subsection (2) above, section 218(4) to (14) of this Act applies subject to the following modifications— (a) a reference to section 218(2) is to be read as a reference to subsection (2) above, (b) in subsection (10)(a), a reference to section 218(3) is to be read as a reference to subsection (3) above, (c) in subsection (12), a reference to the hospital from which the patient is transferred is to be read as a reference to the hospital in which the patient is detained, (d) in subsections (13)(b) and (14), a reference to the hospital to which the patient is transferred is to be read as a reference to the hospital unit to which the patient is transferred. (5) For the purposes of this section, “hospital unit” means any part of a hospital which is treated as a separate unit.

.

Consequential repeals

49

The following enactments are repealed—

Miscellaneous amendments

Information on extension of compulsion order

50

(153A) (1) Subsections (2) and (3) below apply where— (a) a mental health officer receives notice of a determination under section 152 of this Act from a patient's responsible medical officer, and (b) the Tribunal is required by virtue of section 165(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 151 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 compulsion 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 compulsion order, and (f) any other information that the mental health officer considers relevant in relation to the extension of the compulsion 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.

.

Notification of changes to compulsion order

51

Effect of revocation of restriction order

52

Clarification of meaning of compulsion order

53

“compulsion order” means an order under section 57(2)(a) or 57A(2) of this Act;

.

“compulsion order” means an order under section 57(2)(a) or 57A(2) of the 1995 Act;

.

PART 3 — VICTIMS' RIGHTS

Information and representations

Right to information: offender imprisoned

54

(g) where the convicted person is liable to be detained in a hospital under a hospital direction or transfer for treatment direction— (i) that a certificate has been granted, for the first time, under the Mental Health Act which suspends the person's detention and does not impose a supervision requirement, (ii) that the certificate mentioned in sub-paragraph (i) has been revoked.

.

; or (c) modify section 18A, by adding, amending or repealing definitions of terms used in the descriptions of information in subsection (3) of this section.

.

Right to information: compulsion order

55

(16A) (1) Subsection (2) applies where— (a) an offence has been perpetrated against a natural person, (b) another person (“O”) has been made subject to a compulsion order and a restriction order in proceedings in respect of that offence, (c) a person has asked to be given information about O under this section and that person is, or was at the time of asking, a person entitled to ask to be given the information (see section 16B), and (d) O has attained the age of 16 years. (2) The Scottish Ministers must give the information about O described in section 16C to the person mentioned in subsection (1)(c). (3) But the Scottish Ministers— (a) need not give a person information under this section if they consider there to be exceptional circumstances which make it inappropriate to do so, (b) are not to give a person information about the terms of a condition in accordance with section 16C(2)(h) unless the condition is relevant to that person as described in section 18A(3). (4) If the compulsion order or the restriction order mentioned in subsection (1)(b) is revoked, subsection (2) ceases to apply when the Scottish Ministers give the person mentioned in subsection (1)(c) the information that— (a) the order has been revoked, and (b) the decision to revoke it is final. (16B) (1) The reference in section 16A(1)(c) to a person entitled to ask to be given information under that section is to— (a) the natural person (“V”) against whom the offence mentioned in section 16A(1)(a) (“the relevant offence”) was perpetrated, (b) if V is dead— (i) any or all of the four qualifying persons highest listed in section 14(10), and (ii) if V died before attaining the age of 16 years, any other person who cared for V immediately before the relevant offence was perpetrated, or (c) if V has attained the age of 12 years and is incapable for the purposes of this section, the qualifying person highest listed in section 14(10). (2) If a person (including V) who would be entitled to ask to be given information by virtue of subsection (1) has not attained the age of 12 years— (a) the person is not entitled to ask to be given the information, and (b) someone who cares for the person is entitled to ask to be given it instead. (3) For the purposes of this section— (a) the references to a qualifying person are to a person— (i) whose relationship to V is listed in subsection (10) of section 14 (read with the other subsections of that section), (ii) who is not incapable for the purposes of this section, and (iii) who is not a person accused of, or reasonably suspected of being the perpetrator of, or having been implicated in the perpetration of, the relevant offence, (b) when determining who is the qualifying person highest listed in section 14(10), if two or more persons have the same relationship to V they are to be listed according to age with the eldest being the highest listed of them, (c) the expressions “cared for” and “cares for”, are to be construed in accordance with the definition of “someone who cares for” in paragraph 20 of schedule 12 to the Public Services Reform (Scotland) Act 2010, (d) a person is to be considered incapable for the purposes of this section if the person would be considered incapable of making a victim statement by virtue of section 14(6)(b)(i) and (7). (16C) (1) This section sets out the information that is to be given under section 16A about the person referred to in that section as O. (2) The following information is to be given in any case— (a) that the compulsion order to which O is subject and which is mentioned in section 16A(1)(b) has been revoked, (b) that the restriction order to which O is subject and which is mentioned in section 16A(1)(b) has been revoked, (c) where the order mentioned in paragraph (a) or the order mentioned in paragraph (b) has been revoked, that the decision to revoke it— (i) is being appealed against, or (ii) cannot competently be appealed against and is therefore final, (d) the date of O's death, (e) that the compulsion order has been varied by way of a modification of the measures specified in it, (f) that O has been transferred to a place outwith Scotland, (g) that the Mental Health Tribunal has made an order under section 193(7) of the Mental Health Act conditionally discharging O, (h) the terms of any conditions imposed on O on conditional discharge under section 193(7) or section 200(2) of the Mental Health Act (including under section 193(7) as applied by section 201(3) or 204(3) of that Act), (i) that the Scottish Ministers have recalled O to hospital under section 202 of the Mental Health Act. (3) The following information is to be given in a case where the compulsion order authorises O's detention in hospital— (a) that O is unlawfully at large from hospital, (b) that O has returned to hospital having been unlawfully at large, (c) that a certificate has been granted, for the first time, under the Mental Health Act which suspends O's detention and does not impose a supervision requirement, (d) that the certificate mentioned in paragraph (c) has been revoked. (4) The following information is to be given in a case where the order mentioned in paragraph (a) or the order mentioned in paragraph (b) of subsection (2) has been revoked and that decision is appealed against— (a) that the Court of Session has decided to allow, or not allow, the appeal against the decision to revoke the order in question, (b) that the Court of Session's decision— (i) has been appealed against to the Supreme Court, or (ii) has not been appealed against to the Supreme Court before the expiry of the time allowed to appeal to the Supreme Court, and therefore if the Court of Session has not allowed the appeal the decision to revoke the order in question is final, (c) that the Supreme Court has decided to allow, or not allow, the appeal against the Court of Session's decision, (d) if the Supreme Court's decision means that the decision to revoke the order in question has not been set aside, that the latter decision is final, (e) if the Court of Session's decision or the Supreme Court's decision means that O is once more subject to the order in question, that fact.

.

Right to make representations

56

(17B) (1) A person (“V”) who is to be given information about another person (“O”) under section 16 or 16A, must be afforded an opportunity to make representations— (a) in a case where O is subject to a hospital direction or a transfer for treatment direction, before a decision of a type described in subsection (4) is taken in relation to O, (b) in a case where O is subject to a compulsion order and a restriction order, before a decision of a type described in subsection (5) is taken in relation to O. (2) Representations under this section must be about how the decision in question might affect V or members of V's family. (3) Subsection (1) does not apply unless V has intimated to the Scottish Ministers a wish to be afforded an opportunity to make representations about O under this section. (4) For the purpose of subsection (1)(a), the type of decision is a decision by O's responsible medical officer about granting for the first time a certificate under the Mental Health Act which suspends O's detention and does not impose a supervision requirement. (5) For the purpose of subsection (1)(b), the types of decision are a decision— (a) by O's responsible medical officer about granting for the first time a certificate under the Mental Health Act which suspends O's detention and does not impose a supervision requirement, (b) by the Mental Health Tribunal under section 193 of the Mental Health Act (including a decision under that section as applied by section 201(3) or 204(3) of that Act), (c) by the Scottish Ministers under section 200 of the Mental Health Act about imposing, altering or removing a condition which is (or would be) relevant to V as described in section 18A(3). (6) The Scottish Ministers need not afford V an opportunity to make representations before taking a decision of the type described in subsection (5)(c) if it is not reasonably practicable to afford V that opportunity. (17C) (1) Representations under section 17B— (a) may be made orally in relation to a decision of a type described in section 17B(5)(b), (b) otherwise, must be made in writing. (2) The Scottish Ministers are to issue guidance as to how— (a) written representations under section 17B should be framed, and (b) oral representations under that section should be made. (17D) (1) Subsection (2) applies where— (a) before a decision was taken, a person (“V”) was afforded an opportunity to make representations under section 17B, (b) the decision has since been taken, (c) the Scottish Ministers are not required under section 16A to give any information to V as a result of the decision, and (d) V has intimated to the Scottish Ministers a wish to receive information under this section. (2) The Scottish Ministers must, unless they consider that there are exceptional circumstances which make it inappropriate to do so, inform V that the decision has been taken. (3) Subsection (4) applies where— (a) in accordance with subsection (2), the Scottish Ministers have informed V that the Tribunal has decided to make an order revoking a compulsion order or restriction order, and (b) by virtue of section 196 of the Mental Health Act, the Tribunal's order does not have effect because the Court of Session has made an order under section 323(1) of that Act. (4) The Scottish Ministers must— (a) inform V that the Court of Session has made an order under section 323(1) of the Mental Health Act, and (b) give V the information that they would have had to give V by virtue of section 16C(4) had the Court not made that order.

.

Additional provisions

Information sharing

57

(17E) (1) Where the Scottish Ministers are subject to a duty under section 16 or 16A to give a person (“V”) information about another person (“O”), they must give notice to— (a) O's responsible medical officer, and (b) if O is subject to a compulsion order, the Mental Health Tribunal. (2) A notice under subsection (1) is to request that the recipient of the notice provide the Scottish Ministers with information in such circumstances as may be specified in the notice. (3) The information that the Scottish Ministers may request in a notice under subsection (1) must be information about O which they will require in order to fulfil their duty to give information to V under section 16, 16A or 17D. (4) The recipient of a notice under subsection (1) must provide the Scottish Ministers with the information requested in the notice in the circumstances specified in it. (5) If the Scottish Ministers cease to be required to give anyone information about O under section 16 or 16A— (a) they must intimate that fact to anyone to whom they sent a notice in relation to O in accordance with subsection (1), and (b) on receiving that intimation, subsection (4) ceases to apply to the person who received the intimation.

.

Associated definitions

58

(18A) (1) In this Part— - “Mental Health Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003, - “Mental Health Tribunal” means the Mental Health Tribunal for Scotland, - “transfer for treatment direction” means a direction made under section 136 of the Mental Health Act. (2) A reference in this Part— (a) to a certificate under the Mental Health Act which suspends a person's detention and does not impose a supervision requirement is to a certificate under subsection (2) of section 224 of that Act which does not include a condition under subsection (7)(a) of that section, (b) to such a certificate being granted for the first time is to such a certificate being granted for the first time— (i) since the person was detained under the particular order or direction which authorises the person's detention in a hospital (or would do, but for the certificate's being granted), or (ii) in a case where the person, while subject to that order or direction, has been recalled to hospital under section 202 of the Mental Health Act, since the person was so recalled (or most recently so recalled if it has happened more than once). (3) For the purposes of sections 16A(3)(b) and 17B(5)(c), a condition is relevant to a person (“V”) if— (a) the condition is a restriction on the person referred to in the section in question as O contacting an individual or being in a place, and (b) V has made a valid request to the Scottish Ministers to be informed about any condition which restricts O from— (i) contacting that individual, or (as the case may be) (ii) being in that place or any wider area within which the place in question falls. (4) The Scottish Ministers may treat a request as invalid for the purposes of subsection (3) if or so far as— (a) it is a request to be informed about any condition which restricts O from being in a place, and (b) the place referred to in the request— (i) is not one which V or any member of V's family is regularly at or in, or (ii) covers an unreasonably large area having regard to the places where V and members of V's family regularly go.

.

Power to make modifications

59

(18B) (1) The Scottish Ministers may by order amend— (a) sections 16A and 16B, by substituting for any age for the time being specified in those sections a different age, (b) section 16C, by adding descriptions of information, (c) section 18A, by adding, amending or repealing definitions of terms used in the descriptions of information in section 16C. (2) The Scottish Ministers may by order amend— (a) section 16A, so that information may be given under that section in some or all cases where a person has been made subject to a compulsion order and either— (i) the person has not been made subject to a restriction order, or (ii) the restriction order to which the person was made subject has been revoked, (b) section 17B, to specify types of decision in respect of which representations under that section may be made by persons who have a right to be given information under section 16A as amended by virtue of paragraph (a). (3) In an order under subsection (2) which amends section 16A or 17B, the Scottish Ministers may make any amendment to the following enactments which they consider necessary or expedient in consequence of the amendment to section 16A or 17B— (a) sections 16C, 17E and 18A, (b) the Mental Health (Care and Treatment) (Scotland) Act 2003.

.

Amendments to the 2003 Act

60

(9A) Where— (a) a person (“V”) is entitled to make victim's representations before the Tribunal makes a decision under this section, and (b) V has not been afforded the opportunity of making representations under subsection (8), before making a decision about what (if any) conditions to impose on the patient's conditional discharge under subsection (7), the Tribunal must have regard to any victim's representations made by V.

.

(2A) Before varying any conditions under subsection (2), the Scottish Ministers must have regard to any victim's representations.

.

(6A) Before deciding what conditions such as are mentioned in subsection (7) below to include in a certificate under subsection (2) above (if any), the responsible medical officer must have regard to any victim's representations.

.

“victim's representations” means representations made under section 17B of the Criminal Justice (Scotland) Act 2003 in relation to the matter being considered;

.

PART 4 — COMMENCEMENT AND SHORT TITLE

Commencement

61

Short title

62

The short title of this Act is the Mental Health (Scotland) Act 2015.

Measures until application determined

Emergency detention in hospital

Short-term detention in hospital

Suspension of orders on short-term detention

Suspension of detention for certain purposes

Specification for detention measures

Orders relating to non-state hospitals

Section 16: exercise of powers before commencement

Periodical referral of cases

Named person not to be automatic

Consent to being named person

Appointment of named person

Ability to act if no named person

Cross-border transfer of patients

Agreement to transfer of prisoners

Provision of information by the Commission

Review of deaths of patients in hospital for treatment

Making certain orders in remand cases

Periods for assessment orders

Periods for treatment orders

Periods for short-term compulsion

Periods for compulsion orders

Periods for hospital directions

Variation of interim compulsion orders

Transfer of patient to suitable hospital

Specification of unit

Effect of revocation of restriction order

Clarification of meaning of compulsion order

Right to information: offender imprisoned

Right to information: compulsion order

Amendments to the 2003 Act

Commencement

Editorial notes

[^key-6585512a74dfb14f42855ce5d2c7b14d]: S. 14 in force at 16.11.2015 by S.S.I. 2015/361, art. 2 (with arts. 3, 6)

[^key-7bd48c8d6c967b30d9b7b0a8907e1b9f]: S. 15 in force at 16.11.2015 by S.S.I. 2015/361, art. 2 (with arts. 4-6)

[^key-2f395916b982c7f1c9cb9beca0adb41a]: S. 16 in force at 16.11.2015 by S.S.I. 2015/361, art. 2

[^key-f6f753ed54263282f045737e27ef5a49]: S. 18 in force at 16.11.2015 by S.S.I. 2015/361, art. 2

[^key-0195b149eecffa199554840c3e4b0ab2]: S. 37 in force at 24.12.2015 by S.S.I. 2015/417, art. 2

[^key-bf148c06ad6e5a700d9f0e2c734eaa8f]: S. 23(1)(2) in force at 5.5.2017 for specified purposes by S.S.I. 2017/126, art. 2, sch.

[^key-efdc8d54efdfe67565de0dd630f89863]: S. 29 in force at 5.5.2017 for specified purposes by S.S.I. 2017/126, art. 2, sch.

[^key-795158bd957421390195a8796c2d692b]: S. 32 in force at 5.5.2017 for specified purposes by S.S.I. 2017/126, art. 2, sch.

[^key-ff354fadc2164efec908253555af86ef]: S. 33 in force at 5.5.2017 for specified purposes by S.S.I. 2017/126, art. 2, sch.

[^key-1eddb6b3c680eb3fc4f1268f79b1b6f1]: S. 54 in force at 5.5.2017 for specified purposes by S.S.I. 2017/126, art. 2, sch.

[^key-0c68a5bda860766c36e425f4bf1ad074]: S. 58 in force at 5.5.2017 for specified purposes by S.S.I. 2017/126, art. 2, sch.

[^key-58362cf5b45e12ddc2661b02c5a8acec]: S. 2 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch. (with art. 3)

[^key-dc81eaae634fbab56ae1ef44b52c646c]: S. 3 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch.

[^key-11479f382736ae51a20426b4b1107c2c]: S. 4 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch. (with art. 5)

[^key-b00d2e488e5fa5118b3cf74faadc012e]: S. 5 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch. (with art. 6)

[^key-82cc01ba9ee52aa4fdeee79cded1f2f4]: S. 6 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch.

[^key-a42aadd823d28fdf2cab5bd378b9e274]: S. 7 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch. (with art. 7)

[^key-b913a818ca4752349359f8df16077421]: S. 8 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch. (with art. 8)

[^key-e8ba665d23eda9d4de04a55feb52199f]: S. 9 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch.

[^key-700619ed8e06b57e94a4b6a9d1e726dc]: S. 10 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch. (with art. 9)

[^key-6cc1b79909105e6267a7e3a6f224222b]: S. 11 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch.

[^key-a39c9566fcf3bef22be733b2e6b8a04e]: S. 12 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch.

[^key-5aadb862841f1d9b6f9c6b1c87a3aeb5]: S. 13 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch.

[^key-b55dc57d871c1d6eeca9214dcc4b9606]: S. 19 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch. (with art. 10)

[^key-54bc92c83f822ef13147a3b256bec01e]: S. 20 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch. (with art. 11)

[^key-a6ef19f12bf8fd4a43f342c749ef9c49]: S. 21 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch. (with art. 12)

[^key-eefc394d2184618a001b816d265ff3c9]: S. 22 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch. (with arts. 13-15)

[^key-4e079eef26545a4e9ca0f61e268a1a6f]: S. 23(1)(2) in force at 30.6.2017 for specified purposes by S.S.I. 2017/197, art. 2, sch. (with art. 16(a))

[^key-e8ff72e1416702058415f53e384fb671]: S. 23(3) in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch. (with art. 16(b))

[^key-4c43fb70bf5b761cfaa7f52a5d36fde7]: S. 24 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch.

[^key-bf52e1f488e20b4ba5fb283d9085cef0]: S. 25 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch.

[^key-3e0fb4fb8a385f9ef9fee8e442825c12]: S. 26 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch.

[^key-b642cb91552c8254553ba76faf2467ff]: S. 27 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch.

[^key-00fb37bcc1b863dcacf8da641ba04b8a]: S. 28 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch.

[^key-2ca2c6a24414e45b25855f8fce141df7]: S. 29 in force at 30.6.2017 in so far as not already in force by S.S.I. 2017/197, art. 2, sch.

[^key-d1f97966cc5ea920d34d6137e06d379d]: S. 30 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch.

[^key-595020a8f84f5f7a6258d8900dfff5aa]: S. 31 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch.

[^key-5345638cd2b5b5e71f5f7659fff38662]: S. 32 in force at 30.6.2017 in so far as not already in force by S.S.I. 2017/197, art. 2, sch.

[^key-e76550ecfdca3040c0820895051cb383]: S. 33 in force at 30.6.2017 in so far as not already in force by S.S.I. 2017/197, art. 2, sch.

[^key-31950620db9f055337ec063731b37afa]: S. 34 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch.

[^key-8226f70f72e2371b1e10662f701e4cfb]: S. 35 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch. (with art. 17)

[^key-499621d6c2220b5020d9801c1a2bf321]: S. 36 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch. (with art. 18)

[^key-805ce4d62bec32384951e1f0b782b86e]: S. 38 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch.

[^key-3c640340c387a8d74e9099c27c0578b6]: S. 39 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch.

[^key-354488c197d8fd8bb9d0a4d0e2732f81]: S. 46 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch.

[^key-310a9a744fb8a825074d75005a5be5cd]: S. 47 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch.

[^key-a7922f0907a81098c58b3ac4ef5e9b02]: S. 48 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch.

[^key-3f6b96b00f4c7c0d76ea36d6b2a1d29d]: S. 49 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch. (with art. 24)

[^key-29679dbe1db743a923cda42f04489a21]: S. 50 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch. (with art. 4)

[^key-7003b0025dfc836e0e61aaaec91ee2da]: S. 51 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch.

[^key-a6301cfd3dfdfc3f1d8c8d13be4a7354]: S. 52 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch. (with art. 25)

[^key-6c60e633b78083d9cdd9ea23bf707182]: S. 53 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch.

[^key-110fc48bc46a5a4be2e898778a47ded0]: S. 54 in force at 15.9.2017 for specified purposes by S.S.I. 2017/234, art. 2(1)(a) (with arts. 3, 4)

[^key-8ef029b48f3b016bd2dc6a37619b6481]: S. 55 in force at 15.9.2017 for specified purposes by S.S.I. 2017/234, art. 2(1)(b)(3) (with arts. 5-8)

[^key-328055ef2b62b4369ad94369cf5b6d8e]: S. 56 in force at 15.9.2017 for specified purposes by S.S.I. 2017/234, art. 2(1)(c)

[^key-3d104ff6290c239bef1e088b98a32203]: S. 57 in force at 15.9.2017 by S.S.I. 2017/234, art. 2(1)(d)

[^key-1bbd88ef7d8352b658ad07062ef457c3]: S. 58 in force at 15.9.2017 in so far as not already in force by S.S.I. 2017/234, art. 2(1)(e)