# Mental Health (Scotland) Act 2015

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# Mental Health (Scotland) Act 2015

# 2015 asp 9                     

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 24th June 2015 and received Royal Assent                        on 4th August 2015                     

An Act of the Scottish Parliament to amend the Mental Health (Care and Treatment) (Scotland) Act 2003 in various respects;                        to make provision about mental health disposals in criminal cases; to make provision as to the rights of victims of crime                        committed by mentally-disordered persons; and for connected purposes.                     

## **PART 1**STHE 2003 ACT

### Procedure for compulsory treatmentS

Prospective

#### 1Measures until application determinedS

(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.”.                     

#### 2Information where order extendedS

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

(2)After section 87 there is inserted—                  

##### “87AFurther information where order extended

(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.”.                  

#### 3Transfer to another hospitalS

(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 stepsS

#### 4Emergency detention in hospitalS

(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.”,                  

(c)in subsection (4)—                  

(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 ”.                  

#### 5Short-term detention in hospitalS

(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.”.                  

#### 6Meaning of temporary compulsionS

(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 measuresS

#### 7Suspension of orders on emergency detentionS

(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 ”,                  

(c)in subsection (3)—                  

(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* ”.                  

#### 8Suspension of orders on short-term detentionS

(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.”,                  

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

“(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* ”.                  

#### 9Suspension of detention for certain purposesS

(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.”,                  

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

“(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.”,                  

(c)subsection (4) is repealed,                  

(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,                  

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

“(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.”.                  

#### 10Maximum suspension of particular measuresS

(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 unitsS

#### 11Specification for detention measuresS

(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—                  

##### “71ACompulsory treatment in hospital unit

(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.”.                  

#### 12Transfer of prisoner to hospital unitS

(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.”.                  

#### 13Transfer from specified unitS

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

(2)After section 124 there is inserted—                  

##### “124ATransfer to other hospital unit

(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.”.                  

### Orders regarding level of securityS

#### 14Requirement for medical reportS

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

(2)In section 264 (detention in conditions of excessive security: state hospitals), after subsection (7) there is inserted—                  

“(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.”.                  

(3)In section 268 (detention in conditions of excessive security: hospitals other than state hospitals), after subsection (7)                        there is inserted—                  

“(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.”.                  

#### 15Process for enforcement of ordersS

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

(2)Section 266 (order under section 265: further provision) is repealed.                  

(3)In section 267 (orders under sections 264 to 266: recall)—                  

(a)in subsection (1), for the words “, 265(3) or 266(3)” there is substituted “ or 265(3) ”,                  

(b)in subsection (3), for the words “, 265(4) to (6) or 266(4) to (6)” there is substituted “ or 265(4) to (6) ”.                  

(4)The title of section 267 becomes “ **Order under section 264 or 265: recall** ”.                  

(5)Section 270 (order under section 269: further provision) is repealed.                  

(6)In section 271 (orders under sections 268 to 270: recall)—                  

(a)in subsection (1), for the words “, 269(3) or 270(3)” there is substituted “ or 269(3) ”,                  

(b)in subsection (3), for the words “, 269(4) to (6) or 270(4) to (6)” there is substituted “ or 269(4) to (6) ”.                  

(7)The title of section 271 becomes “ **Order under section 268 or 269: recall** ”.                  

(8)In section 272 (proceedings for specific performance of statutory duty)—                  

(a)in subsection (1), for paragraphs (a) to (d) there is substituted—                  

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

(c)an order under section 268(2) of this Act,”,                  

(b)in subsection (2), for paragraphs (a) to (d) there is substituted—                  

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

(c)an order under section 269(3) of this Act,”.                  

#### 16Orders relating to non-state hospitalsS

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

(2)In section 268 (detention in conditions of excessive security: hospitals other than state hospitals)—                  

(a)in subsection (1), the word “qualifying” in the first place where it occurs is repealed,                  

(b)in subsection (2), for the words from “detention” to “patient's case” there is substituted “ the test specified in regulations made under section 271A(2) of this Act is met in relation to the patient ”,                  

(c)in subsection (5), for the words from “to the managers” to the end there is substituted “ of the name of the hospital so identified to the managers of the hospital in which the patient is detained ”,                  

(d)in subsection (6), the word “qualifying” in each place where it occurs is repealed,                  

(e)in subsection (10)—                  

(i)except in paragraph (e), the word “qualifying” in each place where it occurs is repealed,                  

(ii)in paragraph (e), for the words “qualifying hospital” there is substituted “ hospital in which the patient is detained ”,                  

(f)subsections (11) to (14) are repealed.                  

(3)In section 269 (order under section 268: further provision)—                  

(a)in each of subsections (1) and (2), the word “qualifying” is repealed,                  

(b)in subsection (3), for the words from “detention” to “patient's case” there is substituted “ the test specified in regulations made under section 271A(2) of this Act is met in relation to the patient ”,                  

(c)in subsection (6), for the words from “to the managers” to the end there is substituted “ of the name of the hospital so identified to the managers of the hospital in which the patient is detained ”.                  

(4)In section 271 (orders under sections 268 to 270: recall)—                  

(a)in subsection (1), the word “qualifying” is repealed,                  

(b)in subsection (2)(a), for the words from “detention” to “patient's case” there is substituted “ the test specified in regulations made under section 271A(2) of this Act is not met in relation to the patient ”.                  

(5)After section 271 there is inserted—                  

##### “Process for orders: further provisionS

###### 271ARegulation-making powers

(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.”.                  

(6)In section 273 (interpretation of Chapter), for the definition of “relevant patient” there is substituted—                  

““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.”.                  

(7)In section 326 (orders, regulations and rules), in subsection (4)(c), for the words “268(11) to (14)” there is substituted                        “ 271A ”.                  

#### 17Section 16: exercise of powers before commencementS

(1)Regulations may be made under section 271A of the Mental Health (Care and Treatment) (Scotland) Act 2003 (which is to be inserted                        by section 16(5)) before section 16(5) comes into force.                  

(2)In relation to regulations made (or to be made) by virtue of subsection (1), section 16(7) is to be regarded as being in force.                  

(3)Regulations made by virtue of subsection (1) may not come into force before the day on which section 16(5) comes into force.                  

#### 18Meaning of hospital in sections 264 to 273 of the 2003 ActS

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

(2)In section 273 (interpretation of Chapter)—                  

(a)the words up to the end of the definition of “relevant patient” become subsection (1),                  

(b)after that subsection there is inserted—                  

“(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.”.                  

### Removal and detention of patientsS

#### 19Notifying decisions on removal ordersS

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

(2)After section 295 there is inserted—                  

##### “295ANotification of decision under section 293 or 295

(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.”.                  

#### 20Detention pending medical examinationS

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

(2)In section 299 (nurse's power to detain pending medical examination)—                  

(a)in subsection (2)—                  

(i)paragraph (b) is repealed together with the word “and” immediately preceding it,                  

(ii)in the text following paragraph (b), for the words from “, subject” to the end there is substituted “ be detained in the hospital for a period not exceeding 3 hours (“holding period”) for the purpose of enabling the carrying                           out of a medical examination of the patient by a medical practitioner ”,                  

(b)in paragraph (c) of subsection (3), for the words “to carry out a medical examination of the patient” there is substituted                        “ for a medical examination of the patient to be carried out by a medical practitioner ”,                  

(c)subsection (4) is repealed.                  

### Periodical referral of casesS

#### 21Periodical referral of casesS

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

(2)In subsection (3)(c) of section 101 (Tribunal's duty to review determination under section 86), for the words “made to” there                        is substituted “ determined by ”.                  

(3)In section 189 (reference to Tribunal by Scottish Ministers)—                  

(a)in subsection (2), for the words “made to” in each place where they occur there is substituted “ determined by ”,                  

(b)in subsection (3)—                  

(i)for the words “made to” there is substituted “ determined by ”,                  

(ii)after the words “made under subsection (2) above” there is inserted “ that has been determined by it ”.                  

(4)In section 213 (reference to Tribunal by Scottish Ministers)—                  

(a)in subsection (2), for the words “made to” in each place where they occur there is substituted “ determined by ”,                  

(b)in subsection (3)—                  

(i)for the words “made to” there is substituted “ determined by ”,                  

(ii)after the words “made under subsection (2) above” there is inserted “ that has been determined by it ”.                  

(5)In schedule 2 (the Mental Health Tribunal for Scotland), paragraph 13A is repealed.                  

### Representation by named personsS

#### 22Named person not to be automaticS

#### 23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 24Appointment of named personS

#### 25Ability to act if no named personS

### Advance statements and patients' rightsS

#### 26Advance statements to be registeredS

#### 27Information about advocacy servicesS

#### 28Communication at medical examination etc.S

#### 29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 30Safeguarding the patient's interestS

### Services and accommodation for mothersS

#### 31Services and accommodation for mothersS

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

(2)In section 24 (provision of services and accommodation for certain mothers with post-natal depression)—                  

(a)in paragraph (d) of subsection (1), for the words “for post-natal depression,” there is substituted “for—                   

(i)post-natal depression; or                  

(ii)a mental disorder (other than post-natal depression),”,                  

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

“(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.”.                  

(3)The title of section 24 becomes “ **Services and accommodation for mothers** ”.                  

### Cross-border transfers and absconding patientsS

#### 32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Arrangements for treatment of prisonersS

#### 34Agreement to transfer of prisonersS

(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 paragraph (a) of subsection (3) there is inserted—                  

“(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;”.                  

#### 35Compulsory treatment of prisonersS

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

(2)In schedule 2 (the Mental Health Tribunal for Scotland), in paragraph 7—                  

(a)in sub-paragraph (4), for the words “(other than proceedings relating solely to an application under section 255 or 256 of                        this Act)” there is substituted “ (other than excepted proceedings) ”,                  

(b)after sub-paragraph (4) there is inserted—                  

“(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.”.                  

(3)In schedule 3 (application of Chapter 1 of Part 7 to certain patients), after paragraph 1 there is inserted—                  

##### 

“1AIn 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;””.                  

### Provision of information by the CommissionS

#### 36Provision of information by the CommissionS

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

(2)In section 19 (statistical information)—                  

(a)the words “, in accordance with directions given to it by the Scottish Ministers,” are repealed,                  

(b)after the words “other information” there is inserted “ of such kind as may be prescribed in regulations ”,                  

(c)the existing text becomes subsection (1),                  

(d)after that subsection, there is inserted—                  

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

(3)In subsection (4)(c) of section 326 (orders, regulations and rules) after the words “regulations under section” there is inserted                        “ 19(1), ”.                  

### Review of deaths of patients in hospital for treatmentS

#### 37Review of deaths of patients in hospital for treatmentS

(1)The Scottish Ministers must carry out a review of the arrangements for investigating the deaths of patients who, at the time                        of death, were—                  

(a)detained in hospital by virtue of—                  

(i)the Mental Health (Care and Treatment) (Scotland) Act 2003, or                  

(ii)the Criminal Procedure (Scotland) Act 1995, or                  

(b)admitted voluntarily to hospital for the purpose of receiving treatment for a mental disorder.                  

(2)The review must be carried out within 3 years of this section coming into force.                  

(3)In carrying out the review under subsection (1), the Scottish Ministers must consult—                  

(a)where practicable, the nearest relatives of patients within the meaning of subsection (1), and                  

(b)such other persons as they consider appropriate.                  

(4)The Scottish Ministers must—                  

(a)publish a report setting out the findings of the review under subsection (1),                  

(b)lay a copy of the report before the Parliament, and                  

(c)notify the persons consulted under subsection (3) of the publication of the report.                  

## **PART 2**SCRIMINAL CASES

### Making and effect of disposalsS

#### 38Making certain orders in remand casesS

#### 39Detention under compulsion ordersS

#### 40Periods for assessment ordersS

#### 41Periods for treatment ordersS

#### 42Periods for short-term compulsionS

#### 43Periods for compulsion ordersS

#### 44Periods for hospital directionsS

### Variation of certain ordersS

#### 45Variation of interim compulsion ordersS

#### 46Transfer of patient to suitable hospitalS

### Specification of hospital unitsS

#### 47Specification of unitS

#### 48Transfer from specified unitS

#### 49Consequential repealsS

### Miscellaneous amendmentsS

#### 50Information on extension of compulsion orderS

#### 51Notification of changes to compulsion orderS

#### 52Effect of revocation of restriction orderS

#### 53Clarification of meaning of compulsion orderS

## **PART 3**SVICTIMS' RIGHTS

### Information and representationsS

#### 54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 55Right to information: compulsion orderS

#### 56Right to make representationsS

### Additional provisionsS

#### 57Information sharingS

#### 58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 59Power to make modificationsS

#### 60Amendments to the 2003 ActS

## **PART 4**SCOMMENCEMENT AND SHORT TITLE

### 61CommencementS

(1)This Part and section 17 come into force on the day after Royal Assent.                  

(2)The other provisions of this Act come into force on such day as the Scottish Ministers may by order appoint.                  

(3)An order under subsection (2) may include transitional, transitory or saving provision.                  

### 62Short titleS

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