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Contents
A: Daily Business
B: Business Programme
C: Committee Agendas
E: Written questions
F: Motions and Amendments
G: Bills
H: New Documents
I: Petitions lodged
K: Progress of Parliamentary business

 

Business Bulletin No. 21/2003

Monday 3 February 2003

Section G: Bills: Notices and Amendments

  

New amendments to Bills lodged on 31 January 2003

Public Appointments and Public Bodies etc. (Scotland) Bill - Stage 3

Schedule 2A

Mr Andy Kerr

Supported by: Peter Peacock

40 In schedule 2A, page 20, line 26, at end insert-

<( ) The member appointed to chair meetings of the Advisory Council is entitled to such remuneration as the Scottish Ministers may approve.>

Schedule 4

Mr Andy Kerr

Supported by: Peter Peacock

41 In schedule 4, page 29, line 21, after <services;> insert-

<(ba) complaints against such practitioners;>

Mr Andy Kerr

Supported by: Peter Peacock

42 In schedule 4, page 29, line 27, leave out <complaints against such practitioners;>

Mr Andy Kerr

Supported by: Peter Peacock

43 In schedule 4, page 29, line 30, leave out <and (b)> and insert <to (ba)>

Mr Andy Kerr

Supported by: Peter Peacock

44 In schedule 4, page 30, line 9, at end insert <and

(ii) paragraph (a) and the word "and" immediately following it are repealed;>

Mr Andy Kerr

Supported by: Peter Peacock

45 In schedule 4, page 31, line 14, after <services;> insert-

<(ba) complaints against such practitioners;>

Mr Andy Kerr

Supported by: Peter Peacock

46 In schedule 4, page 31, line 21, leave out <complaints against such practitioners;>

Mr Andy Kerr

Supported by: Peter Peacock

47 In schedule 4, page 31, line 24, leave out <and (b)> and insert <to (ba)>

Commissioner for Children and Young People (Scotland) Bill - Stage 2

Schedule 1

Cathy Jamieson

8 In schedule 1, page 8, line 8, after <may> insert-

<(a) collaborate in any way with any other person,

(b)>

After section 6

Cathy Jamieson

9 After section 6, insert-

<Duty to consult other persons having similar functions

(1) The Commissioner must from time to time-

(a) consult, and

(b) where appropriate, exchange information with,

the persons specified in subsection (2) with a view to ensuring, so far as practicable, that the activities of the Commissioner do not duplicate activities of those persons.

(2) Those persons are such persons as the Commissioner reasonably believes to have functions which are-

(a) similar to the functions of the Commissioner, or

(b) capable of being exercised for similar purposes.>

Section 7

Cathy Jamieson

10 In section 7, page 3, line 18, leave out from <and> to end of line 20

Cathy Jamieson

11 In section 7, page 3, line 23, at end insert-

<(c) so far as it would relate to-

(i) the making of decisions or taking of action in particular legal proceedings before a court or tribunal; or

(ii) a matter which is the subject of legal proceedings before a court or tribunal; or

(d) so far as it would relate to a matter which it is also the function of another person to investigate if the other person has, before the expiry of the period of 28 days beginning with the day on which notice of the investigation is published by the Commissioner under section 8(1)(b), indicated to the Commissioner that it intends to investigate the matter.>

Agricultural Holdings (Scotland) Bill - Stage 2

Amendments 165, 166, 167, 168, 169, 182, 186, 187 and 188 were lodged as manuscript amendments under Rule 9.10.6. The Convener of the Rural Development Committee has agreed under that Rule that these amendments may be moved at the meeting of the Committee on 4 February.

Section 58

Ross Finnie

Supported by: Allan Wilson

165 In section 58, page 37, line 6, at end insert <as if the partner were the tenant in the partner's own right.>

Ross Finnie

Supported by: Allan Wilson

166 In section 58, page 37, line 26, leave out <, the> and insert <and section (Rights of certain persons where tenant is a limited partnership), a>

Ross Finnie

Supported by: Allan Wilson

167 In section 58, page 37, line 33, leave out <, a person is an associate of the> and insert <and section (Rights of certain persons where tenant is a limited partnership), a person is an associate of a>

Ross Finnie

Supported by: Allan Wilson

168 In section 58, page 38, line 1, leave out <(within the meaning of section 77)>

After section 58

Ross Finnie

Supported by: Allan Wilson

169 After section 58, insert-

<Rights of certain persons where tenant is a limited partnership

(1) Subsection (2) applies to a 1991 Act tenancy if-

(a) the lease constituting the tenancy is entered into before the coming into force of this section; and

(b) the tenant is a limited partnership.

(2) Where this subsection applies and any limited partner is-

(a) the landlord or an associate of the landlord; or

(b) a partnership or a company in which the landlord has a relevant interest,

subsections (3) and (4) apply.

(3) Where this subsection applies, any general partner may exercise or enforce any right of a tenant conferred by virtue of Part 2 of this Act as if the partner were the tenant in the partner's own right.

(4) Where this subsection applies and the tenancy purports to be terminated as a consequence of any of the things mentioned in subsection (5), subsection (6) applies.

(5) The things are-

(a) the dissolution of the partnership by notice given by a limited partner;

(b) the renunciation of the tenancy by such a partner; and

(c) a breach of the tenancy by such a partner,

during the period from 4th February 2003 to the relevant date.

(6) Where this subsection applies, any general partner may, before the expiry of the relevant period, apply to the Land Court for an order under subsection (8).

(7) The Land Court is to make such an order if it is satisfied that it is-

(a) unreasonable for the tenancy to be terminated; and

(b) reasonable to make the order.

(8) An order under this subsection is, notwithstanding the purported termination of the tenancy, an order providing for-

(a) the tenancy to continue to have effect from-

(i) the date on which the tenancy would have terminated but for this subsection; or

(ii) such other date as the order may specify; and

(b) any general partner to become the tenant (or a joint tenant) under the tenancy in the partner's own right.

(9) For the purposes of-

(a) subsection (5), the relevant date is such date as the Scottish Ministers may by order specify; and

(b) subsection (6), the relevant period is the period from the date on which this section comes into force to such date as they may so specify.

(10) In this section, the expressions, "limited partnership", "limited partner" and "general partner" are to be construed in accordance with the Limited Partnerships Act 1907 (c.24).>

Section 26

Fergus Ewing

170 In section 26, page 16, leave out line 28

Fergus Ewing

171 In section 26, page 16, leave out line 35

Fergus Ewing

172 In section 26, page 17, line 25, leave out from <any> to <(1)> in line 26 and insert <subsection (1)(h)>

Section 28

Ross Finnie

Supported by: Allan Wilson

173 In section 28, page 19, leave out line 21

Ross Finnie

Supported by: Allan Wilson

174 In section 28, page 19, line 23, leave out subsection (7)

After section 28

Ross Finnie

Supported by: Allan Wilson

175 After section 28, insert-

<Effect of extinguishing of right to buy

Where a right to buy land is extinguished under section 28(6) or 29(8), the tenant may acquire a subsequent right to buy the same land or any part of it under section 27(1), but only if-

(a) the period of 12 months from the extinguishing of the right to buy has expired; or

(b) before that period has expired-

(i) the land is transferred to another person; and

(ii) that person requires to give notice under section 25 in relation to a subsequent transfer.>

Section 29

Ross Finnie

Supported by: Allan Wilson

176 In section 29, page 19, leave out lines 34 to 37 and insert-

<(b) where there is no such agreement-

(i) payable by the tenant in accordance with section 31(7); or

(ii) if the price is determined in an appeal under section 33, as is so determined,>

Ross Finnie

Supported by: Allan Wilson

177 In section 29, page 20, line 4, leave out from <appeal> to <made> in line 9 and insert <an appeal under section 33 which has not, within the period of 4 months after the date when the tenant gave such notice, been-

(i) determined; or

(ii) abandoned following agreement between the tenant and the seller,

a date not later than 2 months after the appeal is so determined or, as the case may be, abandoned>

Ross Finnie

Supported by: Allan Wilson

178 In substitution for amendment 125-

In section 29, page 20, line 11, leave out from <to> to second <and> in line 12

Ross Finnie

Supported by: Allan Wilson

179 In section 29, page 20, line 35, leave out subsection (9)

Section 31

Ross Finnie

Supported by: Allan Wilson

180 In section 31, page 21, line 14, leave out from <(which> to <land)> in line 15

Ross Finnie

Supported by: Allan Wilson

181 In section 31, page 22, line 29, leave out <29(2)(b)> and insert <29(2)(b)(i)>

After section 31

Ross Finnie

Supported by: Allan Wilson

182 After section 31, insert-

<Special provision where buyer is general partner in limited partnership

Where the person exercising a right to buy under section 27 is doing so by virtue of section (Rights of certain persons where tenant is a limited partnership)(3)-

(a) the valuer, in assessing the value of the land under subsection (2) of section 31, is to have regard to-

(i) the fact that the buyer is a general partner of a limited partnership; and

(ii) any provision of the partnership agreement entitling a limited partner to dissolve the partnership; and

(b) paragraph (a)(ii) of that subsection is of no effect.>

Section 33

Ross Finnie

Supported by: Allan Wilson

183 In section 33, page 23, line 34, leave out <29(2)(c)> and insert <29(2)(b)(ii)>

Ross Finnie

Supported by: Allan Wilson

184 In section 33, page 24, line 1, leave out subsection (7)

Ross Finnie

Supported by: Allan Wilson

185 In section 33, page 24, line 3, leave out subsection (8)

Ross Finnie

Supported by: Allan Wilson

186 In section 33, page 24, line 4, at end insert-

<( ) In this section and section (Referral of certain matters by Lands Tribunal to Land Court), "the Lands Tribunal" means the Lands Tribunal for Scotland.>

After section 33

Ross Finnie

Supported by: Allan Wilson

187 After section 33, insert-

<Referral of certain matters by Lands Tribunal to Land Court

Where, in an appeal before the Lands Tribunal under section 33, an issue of fact or law arises which could competently be determined by the Land Court by virtue of the 1991 Act or this Act, the Tribunal may (at its own instance) refer the issue to the Land Court for determination if it considers that to be appropriate.>

Section 75

Ross Finnie

Supported by: Allan Wilson

188 In section 75, page 45, line 11, after <24(7)> insert <, (Rights of certain persons where tenant is a limited partnership)(9)>

Mental Health (Scotland) Bill - Stage 2

Before section 176

Mrs Mary Mulligan

663 Before section 176, insert-

<Mental health officer's duties etc.

Named person: mental health officer's duties etc.

(1) Subsection (2) below applies where-

(a) a mental health officer is discharging any function by virtue of this Act in relation to a patient; and

(b) it is necessary for the purposes of the discharge of the function to establish whether the patient has a named person.

(2) The mental health officer shall take such steps as are reasonably practicable-

(a) to establish whether the patient has a named person; and

(b) if so, to ascertain who that person is.

(3) Subsection (4) below applies where the mental health officer-

(a) establishes that the patient does not have a named person; or

(b) is unable to establish whether the patient has a named person.

(4) The mental health officer-

(a) shall make a record of the steps taken under subsection (2)(a) above; and

(b) may apply to the Tribunal for an order under section (Named person: Tribunal's powers) of this Act.

(5) Where the mental health officer makes a record under subsection (4)(a) above, the mental health officer shall, as soon as practicable, give a copy of the record to-

(a) the Tribunal; and

(b) the Commission.

(6) Where by virtue of subsection (2) above-

(a) the mental health officer-

(i) establishes that the patient has a named person; and

(ii) ascertains the name of that person ("the apparent named person"); but

(b) the mental health officer considers that it is inappropriate for the apparent named person to be the patient's named person,

the mental health officer shall apply to the Tribunal for an order under section (Named person: Tribunal's powers) of this Act.

(7) Where-

(a) a mental health officer is discharging any function by virtue of this Act in relation to a patient; and

(b) it appears to the mental health officer-

(i) that the patient does not have a named person; or

(ii) that the patient has a named person ("the apparent named person") but the mental health officer considers that it is inappropriate for the apparent named person to be the patient's named person,

the mental health officer may apply to the Tribunal for an order under section (Named person: Tribunal's powers) of this Act.>

Section 176

Mrs Mary Mulligan

664 In section 176, page 112, line 5, leave out from <any> to <181> in line 6 and insert <"named person" means the person who is, in relation to another person, that other person's named person by virtue of any of sections 177 to 181 and (Named person: Tribunal's powers)>

Mrs Mary Mulligan

665 In section 176, page 112, line 7, leave out subsection (2)

Shona Robison

666 In section 176, page 112, line 11, leave out from second <the> to end of line and insert <subsection (3) below applies.

(3) This subsection applies when an individual-

(a) is the subject of any proceedings under this Act;

(b) is receiving treatment for a mental disorder and has nominated a named person in accordance with sections 177 to 181 of this Act.>

Section 177

Mrs Mary Mulligan

667 In section 177, page 112, line 13, leave out subsection (1) and insert-

<(1) Where a person who has attained the age of 16 years (a "nominator") nominates in accordance with subsection (2) below another person to be the nominator's named person, that person is, subject to subsections (2A) and (5) below, the nominator's named person.>

Shona Robison

668 In section 177, page 112, line 14, after <person> insert <who has attained the age of 16 years>

Mrs Mary Mulligan

669 In section 177, page 112, line 19, leave out <individual> and insert <nominator>

Mrs Mary Mulligan

670 In section 177, page 112, line 20, leave out <individual's> and insert <nominator's>

Mrs Mary Mulligan

671 In section 177, page 112, line 22, leave out <individual> and insert <nominator>

Mrs Mary Mulligan

672 In section 177, page 112, line 23, leave out <individual's> and insert <nominator's>

Mrs Mary Mulligan

673 In section 177, page 112, line 25, at end insert-

<(2A) A nomination under subsection (1) above may be revoked by the nominator in accordance with subsection (3) below.>

Mrs Mary Mulligan

674 In section 177, page 112, line 27, leave out <individual> and insert <nominator>

Mrs Mary Mulligan

675 In section 177, page 112, line 28, leave out <individual's> and insert <nominator's>

Mrs Mary Mulligan

676 In section 177, page 112, line 30, leave out <individual> and insert <nominator>

Mrs Mary Mulligan

677 In section 177, page 112, line 35, leave out <individual's> and insert <nominator's>

Shona Robison

678 In section 177, page 112, line 36, at end insert <in relation to the nomination;>

Mrs Mary Mulligan

679 In section 177, page 113, leave out line 1

Mrs Mary Mulligan

680 In section 177, page 113, line 2, leave out <in accordance with subsection (2)> and insert <under subsection (1)>

Mrs Mary Mulligan

681 In section 177, page 113, line 3, leave out <individual's> and insert <nominator's>

Mrs Mary Mulligan

682 In section 177, page 113, line 4, leave out <individual> and insert <nominator>

Mrs Mary Mulligan

683 In section 177, page 113, line 5, leave out <mental health officer> and insert <local authority for the area in which the person resides>

Shona Robison

684 In section 177, page 113, line 8, leave out from <means> to <otherwise)> in line 12 and insert <in a particular respect has the same meaning in that respect as it has in section 1(6) of the Adults with Incapacity (Scotland) Act 2000 (asp 4)>

Section 178

Mrs Mary Mulligan

685 In section 178, page 113, line 15, leave out <an individual> and insert <a person>

Mrs Mary Mulligan

686 In section 178, page 113, line 16, leave out <individual's> and insert <person's>

Mrs Mary Mulligan

687 In section 178, page 113, line 17, leave out <individual's> and insert <person's>

Mrs Mary Mulligan

688 In section 178, page 113, line 17, leave out <(2)> and insert <(1A)>

Mrs Mary Mulligan

689 In section 178, page 113, line 18, leave out <individual's> and insert <person's>

Mrs Mary Mulligan

690 In section 178, page 113, line 18, at end insert-

<(1A) Where a person does not have a primary carer but does have two or more carers, those carers may agree which of them is to be the named person of the person; and references in subsections (3) and (4) below to the person's primary carer shall be construed as references to that carer.>

Mrs Mary Mulligan

691 In section 178, page 113, line 19, leave out from beginning to <individual> in line 25 and insert <If-

(a) the person>

Mrs Mary Mulligan

692 In section 178, page 113, line 26, leave out from first <individual's> to second <individual's> and insert <person's primary carer declines in accordance with subsection (4) below to be the person's>

Mrs Mary Mulligan

693 In section 178, page 113, line 27, leave out first <individual's> and insert <person's>

Mrs Mary Mulligan

694 In section 178, page 113, line 27, leave out second <individual's> and insert <person's>

Mrs Mary Mulligan

695 In section 178, page 113, line 27, at end insert-

<(4) A person's primary carer declines in accordance with this subsection to be the person's named person by giving notice to-

(a) the person; and

(b) the local authority for the area in which the patient resides,

to that effect.>

Section 179

Mrs Mary Mulligan

696 In section 179, page 113, line 29, leave out <an individual> and insert <a person>

Mrs Mary Mulligan

697 In section 179, page 113, line 35, at beginning insert <Subject to subsection (3) below,>

Mrs Mary Mulligan

698 In section 179, page 113, line 36, leave out from <those> to end of line 37 and insert <the named person of the child shall be-

(a) if those persons agree that one of them is to be the named person of the child, that person; or

(b) if those persons do not so agree, the person having parental rights and parental responsibilities in relation to the child-

(i) who provides, on a regular basis, all, or most, of the care for, and support to, the child;

(ii) in a case where the child is in hospital, who provided all, or most, of that care for, and support to, the child before the child was admitted to hospital.>

Shona Robison

699 In section 179, page 113, line 37, at end insert <; but

(b) if those persons do not so agree, the mental health officer shall determine which of them is to be the child's named person.>

Mrs Mary Mulligan

700 In section 179, page 113, line 37, at end insert-

<(3) If-

(a) one of the persons who has parental rights and parental responsibilities in relation to the child is a local authority; and

(b) the local authority has those rights and responsibilities by virtue of an order under section 86(1) of the Children (Scotland) Act 1995 (c.36) (orders transferring parental rights and parental responsibilities),

the local authority shall be the child's named person.>

Mrs Mary Mulligan

701 In section 179, page 113, line 37, at end insert-

<( ) In this section-

"parental responsibilities", in relation to a child, has the meaning given by section 1(3) of the Children (Scotland) Act 1995 (c.36); and

"parental rights", in relation to a child, has the meaning given by section 2(4) of that Act.>

Shona Robison

702 In section 179, page 113, line 37, at end insert-

<( ) Before the persons mentioned in subsection (2) above agree or determine who is to be the child's named person, they must have regard to the child's views as if they were making a decision to which section 6 of the Children (Scotland) Act 1995 (c.36) applies.>

Section 180

Mrs Mary Mulligan

703 In section 180, page 114, line 2, leave out subsection (1) and insert-

<(1) Subject to subsection (3A) below and to section (Named person: powers of Tribunal) of this Act, where a person who has attained the age of 16 years ("the declarer") makes a declaration in writing in accordance with subsection (2) below stating that a person specified in the declaration shall not be the declarer's named person, that person shall not be the declarer's named person.>

Mrs Mary Mulligan

704 In section 180, page 114, line 4, leave out <under this section shall be> and insert <is made in accordance with this subsection if>

Mrs Mary Mulligan

705 In section 180, page 114, line 5, leave out <individual> and insert <declarer>

Mrs Mary Mulligan

706 In section 180, page 114, line 6, leave out <shall certify> and insert <certifies>

Mrs Mary Mulligan

707 In section 180, page 114, line 7, leave out <individual> and insert <declarer>

Shona Robison

708 In section 180, page 114, line 12, at end insert <in relation to the declaration>

Mrs Mary Mulligan

709 In section 180, page 114, leave out line 13 and insert-

<(3A) A declaration under subsection (1) above may be revoked by the declarer in accordance with subsection (4) below.>

Mrs Mary Mulligan

710 In section 180, page 114, line 15, leave out <individual> and insert <declarer>

Mrs Mary Mulligan

711 In section 180, page 114, line 17, leave out <individual> and insert <declarer>

Section 181

Mrs Mary Mulligan

712 In section 181, page 114, line 24, after <(3)> insert <and (3A)>

Mrs Mary Mulligan

713 In section 181, page 114, line 26, leave out <and> and insert <to>

Shona Robison

714 In section 181, page 115, leave out line 6

Shona Robison

715 In section 181, page 115, leave out line 8

Mrs Mary Mulligan

716 In section 181, page 115, line 10, leave out from <from> to <court)> in line 11 and insert <(either by agreement or under an order of a court) from the relevant person>

Mrs Mary Mulligan

717 In section 181, page 115, line 15, at end insert-

<(3A) If, in the case of a person who falls within paragraph (f), (h), (o) or (q) of subsection (2) above ("A")-

(a) A is permanently separated (either by agreement or under an order of a court) from the blood relative of the relevant person to whom A is married; or

(b) A has deserted, or has been deserted by, that blood relative and the desertion continues,

A shall be disregarded for the purposes of subsection (1) above.>

Mrs Mary Mulligan

718 In section 181, page 115, line 24, at end insert-

<( ) A relevant person's nearest relative may decline to be the named person of the relevant person by giving notice to-

(a) the relevant person; and

(b) the local authority for the area in which the relevant person resides,

to that effect.>

Mrs Mary Mulligan

719 In section 181, page 115, line 34, leave out from <in> to <them> in line 36 and insert-

<(i) as husband and wife; or

(ii) in a relationship which has the characteristics of the relationship between husband and wife except that the person and the relevant person are of the same sex>

Mrs Mary Mulligan

720 In section 181, page 115, line 37, leave out <in such circumstances>

Mrs Mary Mulligan

721 In section 181, page 115, line 39, leave out <in such circumstances>

After section 181

Mrs Mary Mulligan

722 After section 181, insert-

<Named person: application by patient etc.

(1) Where-

(a) it appears to a person mentioned in subsection (2) below (any such person being referred to in this section as "the applicant") that a patient does not have a named person;

(b) the applicant considers that though the patient has a named person it is inappropriate that that person be the patient's named person; or

(c) circumstances of such description as may be prescribed by regulations exist,

the applicant may apply to the Tribunal for an order under section (Named person: Tribunal's powers) of this Act in relation to the patient.

(2) Those persons are-

(a) the patient;

(b) the patient's responsible medical officer;

(c) if the patient is a child, any person who has parental responsibilities in relation to the patient;

(d) if the patient is in hospital, the managers of the hospital;

(e) any welfare attorney of the patient;

(f) any welfare guardian of the patient;

(g) any relative of the patient; and

(h) any other person having an interest in the welfare of the patient.

(3) In subsection (2)(c) above, "child" and "parental responsibilities" have the same meanings as they have in Part I of the Children (Scotland) Act 1995 (c.36).>

Mrs Mary Mulligan

723 After section 181, insert-

<Named person: Tribunal's powers

(1) Where-

(a) an application is made under section (Named person: mental health officer's duties etc.)(4)(b) or (7)(b)(i) or (Named person: application by patient etc.)(1)(a) of this Act; and

(b) the Tribunal is satisfied that the patient does not have a named person,

the Tribunal may make an order appointing the person specified in the order to be the patient's named person.

(2) Where-

(a) an application is made under section (Named person: mental health officer's duties etc.)(6) or (7)(b)(ii) or (Named person: application by patient etc.)(1)(b) of this Act; and

(b) the Tribunal is satisfied that it is inappropriate for the named person ("the acting named person") to be the patient's named person,

the Tribunal may make an order declaring that the acting named person is not the named person or appointing the person specified in the order to be the patient's named person in place of the acting named person.

(3) Where an application is made under section (Named person: application by patient etc.)(1)(c) of this Act, the Tribunal may make such order as it thinks fit.>

Mrs Mary Mulligan

724 After section 181, insert-

<Interpretation of Chapter

In this Chapter, other than section 179 (and section 176 in its application to that section), "person" means a natural person.>

Section 182

Mrs Mary Mulligan

725 In section 182, page 116, line 22, leave out <, advice>

Mrs Mary Mulligan

726 In section 182, page 116, line 31, leave out from <persons> to end of line 33 and insert <a person who is none of the following-

(a) a local authority;

(b) a Health Board;

(c) a National Health Service trust;

(d) a member or employee of-

(i) the local authority;

(ii) the Health Board;

(iii) a National Health Service trust,

in the area of which the person to whom those services are made available is to be provided with them;

(e) in relation to a patient detained in a state hospital or a person who (by virtue of any of the means specified in subsection (11)(b) below) is no longer detained there, the State Hospitals Board for Scotland or a member or employee of that Board.

(6) In subsection (5)(d) above the reference to the area of a National Health Service trust is a reference to the Health Board area in which the trust discharges its functions.>

Mrs Mary Mulligan

727 In section 182, page 116, line 33, at end insert-

<(7) It is the duty of the State Hospitals Board for Scotland (the "State Hospitals Board") to secure the availability to persons who are patients detained in a state hospital of the services referred to in subsection (1) above and, in relation to those persons, to take the steps there referred to.

(8) It is the duty of-

(a) the State Hospitals Board, in collaboration with each relevant local authority and Health Board; and

(b) each relevant local authority and Health Board, in collaboration with the State Hospitals Board,

to secure the availability to relevant persons of the services referred to in subsection (1) above, and, in relation to those persons, to take the steps there referred to.

(9) Each relevant local authority and Health Board shall, for the purposes of subsection (8)(a) above, collaborate with the State Hospitals Board and with each other.

(10) The State Hospitals Board shall, for the purposes of subsection (8)(b) above, collaborate with each relevant local authority and Health Board.

(11) For the purposes of subsections (8) to (10) above-

(a) a local authority or Health Board is a relevant local authority or, as the case may be, Health Board if there is residing in its area a relevant person;

(b) a relevant person is a person with a mental disorder who, having been detained as a patient in a state hospital, is (by virtue of section 90, 133(6) or 145 of this Act) no longer detained there.>

Section 183

Shona Robison

728 In section 183, page 117, line 13, leave out <by virtue of a compulsory treatment order>

Section 185

Mrs Mary Mulligan

729 In section 185, page 118, line 9, at end insert-

<(ii) the 1995 Act; or>

Mrs Mary Mulligan

730 In section 185, page 118, line 10, at end insert-

<(ii) an interim compulsory treatment order; or

(iii) a compulsion order>

Mrs Mary Mulligan

731 In section 185, page 118, line 11, leave out subsection (2) and insert-

<(2) The appropriate person shall-

(a) take all reasonable steps-

(i) to ensure that the patient understands the relevant matters at each of the times mentioned in subsection (4) below;

(ii) to ensure that the patient is supplied with material appropriate to the patient's needs, and in permanent form, from which the patient may refresh the patient's understanding of those matters; and

(iii) to inform the patient of the availability of independent advocacy services at each of those times; and

(b) take appropriate steps to ensure that the patient has the opportunity of making use of those services.>

Mrs Mary Mulligan

732 In section 185, page 118, line 17, leave out subsection (3)

Mrs Mary Mulligan

733 In section 185, page 118, line 22, leave out <by virtue of this Act>

Mrs Mary Mulligan

734 In section 185, page 118, line 24, leave out <compulsory treatment>

Mrs Mary Mulligan

735 In section 185, page 118, leave out lines 26 to 29

Mrs Mary Mulligan

736 In section 185, page 118, line 31, at end insert <; and

( ) such other times as may be prescribed by regulations>

Mrs Mary Mulligan

737 In section 185, page 118, line 32, leave out from <or> to <practitioner> in line 33 and insert <above, the appropriate person>

Mrs Mary Mulligan

738 In section 185, page 118, line 36, after <section> insert-

<"the appropriate person" means-

(a) where the patient is detained in hospital, the managers of the hospital;

(b) where the patient is not so detained, the mental health officer; and>

Mrs Mary Mulligan

739 In section 185, page 118, line 37, after <Act> insert <or the 1995 Act>

Mrs Mary Mulligan

740 In section 185, page 118, line 39, leave out <compulsory treatment>

Mrs Mary Mulligan

741 In section 185, page 118, line 40, at end insert-

<( ) the powers that the patient's responsible medical officer and the Tribunal each has in relation to revoking that provision;>

Mrs Mary Mulligan

742 In section 185, page 119, line 1, leave out <or the Commission>

Mrs Mary Mulligan

743 In section 185, page 119, line 3, leave out <or the Commission>

Mrs Mary Mulligan

744 In section 185, page 119, line 5, at end insert-

<( ) the functions that the Commission has that appear to be relevant to the patient's case;>

Mrs Mary Mulligan

745 In section 185, page 119, line 6, leave out from <, or> to <Act,> in line 7

Mrs Mary Mulligan

746 In section 185, page 119, leave out lines 8 and 9

Mrs Mary Mulligan

747 Move section 185 to after section 182

Section 186

Mrs Mary Mulligan

748 In section 186, page 119, leave out lines 14 to 17 and insert-

<(ii) the 1995 Act; or

(b) though not detained in hospital, a patient is subject to-

(i) a compulsory treatment order;

(ii) an interim compulsory treatment order; or

(iii) a compulsion order,

and the patient>

Shona Robison

749 In section 186, page 119, line 18, at end insert <; or

( ) generally communicates in a language other than English.>

Shona Robison

750 In section 186, page 119, line 19, at beginning insert <If a patient is not detained in hospital, but is subject to a compulsory treatment order,>

Mrs Mary Mulligan

751 In section 186, page 119, line 19, leave out <mental health officer> and insert <appropriate person>

Mrs Mary Mulligan

752 In section 186, page 119, line 30, leave out from <mental> to end of line 31 and insert <appropriate person shall make a written record of the steps.

( ) In this section "the appropriate person" has the meaning given by section 185(6) of this Act.>

Mrs Mary Mulligan

753 Move section 186 to after section 182

Section 187

Mrs Mary Mulligan

754 In section 187, page 120, line 1, leave out from <being> to end of line 2 and insert <the person's ability to make decisions about the matters set out in paragraphs (a) and (b) of this subsection being, because of that, significantly impaired>

Mrs Mary Mulligan

755 In section 187, page 120, line 21, leave out subsection (4)

Section 188

Mrs Mary Mulligan

756 In section 188, page 120, line 28, leave out from <determining> to <of> in line 30 and insert <making any decision in respect of a patient who is>

Mrs Mary Mulligan

757 In section 188, page 120, line 34, after <in> insert <paragraphs (a) and (b) of>

Mrs Mary Mulligan

758 In section 188, page 120, line 37, leave out from <treatment> to <treatment> in line 38 and insert <measures or treatment which might or will be authorised by virtue of the decision referred to in subsection (1) above or might or will, by virtue of that decision, no longer be authorised correspond to any wishes specified>

Mrs Mary Mulligan

759 In section 188, page 121, line 3, leave out <order> and insert <decision referred to in subsection (1) above>

Mrs Mary Mulligan

760 In section 188, page 121, line 6, leave out <qualifying medical treatment for mental disorder to> and insert <medical treatment authorised by virtue of this Act or the 1995 Act to a patient who is>

Mrs Mary Mulligan

761 In section 188, page 121, line 7, leave out from <that> to <Act> in line 8

Mrs Mary Mulligan

762 In section 188, page 121, line 9, leave out <subsection (1) of that section> and insert <section 187(1) of this Act>

Mrs Mary Mulligan

763 In section 188, page 121, line 12, leave out subsection (4) and insert-

<(4) Before making a decision under section 164(2)(c), 167(1)(c) or 169(1)(c) of this Act in relation to a patient who is a person who has made an advance statement, a designated medical practitioner shall have regard to the wishes specified in the statement.>

Mrs Mary Mulligan

764 In section 188, page 121, line 16, after first <to> insert <or might>

Mrs Mary Mulligan

765 In section 188, page 121, line 16, leave out from <person> to <order> in line 17 and insert <patient otherwise than by virtue of any such decision as is referred to in subsection (1) above or is to be given to the patient by virtue of such a decision>

Mrs Mary Mulligan

766 In section 188, page 121, line 18, leave out <subsection (3)> and insert <subsections (3) and (4)>

Mrs Mary Mulligan

767 In section 188, page 121, line 18, after <existence> insert <or the withdrawal>

Mrs Mary Mulligan

768 In section 188, page 121, line 24, leave out <subsection (3)> and insert <subsections (3) and (4)>

Mrs Mary Mulligan

769 In section 188, page 121, line 25, leave out <a compulsory treatment order> and insert <virtue of a decision such as is referred to in subsection (1) above>

Mrs Mary Mulligan

770 In section 188, page 121, line 30, after <Tribunal> insert <or, as the case may be, designated medical practitioner>

Mrs Mary Mulligan

771 In section 188, page 121, line 30, leave out <order> and insert <decision>

Mrs Mary Mulligan

772 In section 188, page 121, line 32, after <of> insert <a patient who is>

Mrs Mary Mulligan

773 In section 188, page 121, line 32, leave out from <that> to end of line 33

Mrs Mary Mulligan

774 In section 188, page 121, line 34, leave out from <a> to <conflicts> in line 35 and insert <such a decision as is referred to in subsection (1) above authorising measures which conflict>

Mrs Mary Mulligan

775 In section 188, page 121, line 36, leave out <such treatment> and insert <medical treatment authorised by virtue of this Act or the 1995 Act>

Mrs Mary Mulligan

776 In section 188, page 121, line 37, at beginning insert <measures or>

Mrs Mary Mulligan

777 In section 188, page 121, line 37, leave out <is> and insert <are>

Mrs Mary Mulligan

778 In section 188, page 122, line 3, leave out <or giving the treatment that was> and insert <the measures or giving the treatment that were>

Mrs Mary Mulligan

779 In section 188, page 122, line 5, after <authorising> insert <the measures>

Mrs Mary Mulligan

780 In section 188, page 122, line 9, at end insert-

<( ) that person's guardian; and

( ) the Commission,>

Shona Robison

781 In section 188, page 122, line 9, at end insert <; and

( ) the Commission;>

Section 189

Mrs Mary Mulligan

782 In section 189, page 122, line 17, leave out from <the> to end of line 18 and insert <subject to any measures authorised by virtue of the Mental Health (Scotland) Act 2003 (asp 00) or authorised, in consequence of the pupil's mental disorder, by virtue of the Criminal Procedure (Scotland) Act 1995 (c.46)">

Section 190

Mrs Mary Mulligan

783 In section 190, page 122, line 27, leave out from second <a> to <order> in line 28 and insert <any measures authorised by virtue of this Act or authorised, in consequence of the child's mental disorder, by virtue of the 1995 Act; and

(ii) the measures>

Mrs Mary Mulligan

784 In section 190, page 122, line 32, leave out from <the> to <order> in line 34 and insert <subject to any measures authorised by virtue of this Act or authorised, in consequence of the person's mental disorder, by virtue of the 1995 Act; and

(ii) the measures>

Mrs Mary Mulligan

785 In section 190, page 122, line 37, leave out from beginning to <measures> and insert <Every person having functions by virtue of this Act which include responsibility for the administration of any of the measures mentioned in subsection (1) above>

Mrs Mary Mulligan

786 In section 190, page 122, line 39, leave out <subsection (1) above> and insert <that subsection>

Mrs Mary Mulligan

787 In section 190, page 123, line 1, leave out subsections (3) and (4)

Mrs Mary Mulligan

788 In section 190, page 123, line 17, leave out <"parental responsibilities" and "parental rights"> and insert <and "parental responsibilities">

Section 193

Mrs Mary Mulligan

789 In section 193, page 125, leave out lines 23 and 24 and insert-

<( ) the Scottish Public Services Ombudsman;>

Shona Robison

790 In section 193, page 125, line 28, at end insert-

<( ) a Health Board;>

Shona Robison

791 In section 193, page 125, line 28, at end insert-

<( ) a person providing independent advocacy services, within the meaning of section 182 of this Act;>

Mrs Mary Mulligan

792 In section 193, page 125, line 32, leave out <the Scottish Ministers may by regulations specify> and insert <may be specified in regulations>

Mrs Mary Mulligan

793 In section 193, page 126, line 13, leave out <made by the Scottish Ministers>

Section 196

Mrs Mary Mulligan

794 In section 196, page 128, line 10, leave out second <the> and insert <a>

Mrs Mary Mulligan

795 In section 196, page 128, line 13, at end insert-

<(e) require the managers of a hospital to make, and maintain, records of such matters as may be specified in the regulations;

(f) require the managers of a hospital to inform persons specified in the regulations of matters so specified;

(g) confer power on the Commission to give to the managers of a hospital directions as to matters of any description specified in the regulations;

(h) require the managers of a hospital to comply with any directions given to them by virtue of paragraph (g) above>

Mrs Mary Mulligan

796 In section 196, page 128, line 29, at end insert <in which the specified person is detained>

After section 196

Mrs Mary Mulligan

797 After section 196, insert-

<Directions as to implementation of regulations under section 196(1)

(1) The Scottish Ministers may give to the managers of a hospital directions as to the implementation by those managers of regulations made under section 196(1) of this Act; and the managers shall comply with any such directions.

(2) The Scottish Ministers may require the managers of a hospital to provide them with a statement setting out such information as respects the implementation of the regulations by those managers as the Scottish Ministers may specify.>

Section 197

Mrs Mary Mulligan

In substitution for amendment 631-

798 In section 197, page 129, line 17, at end insert-

<(2) Regulations may require the managers of each hospital of such class as is or classes as are specified to provide-

(a) the Scottish Ministers, on their request, with a statement describing how regulations made under subsection (1) above-

(i) have been implemented in that hospital during the period the Ministers specify in their request;

(ii) are being implemented there at the time of the request;

(iii) are proposed by those managers to be implemented there after that time;

(b) the Commission with statements of the incidence and circumstances of the implementation there of regulations under subsection (1) above in such ways as are specified.

(3) Regulations may confer power on the Commission, by direction-

(a) to prohibit the implementation of regulations under subsection (1) above in relation to a specified patient in a specified way;

(b) to require the managers of a hospital in which a specified patient is detained to notify a specified person that such a regulation has been implemented in relation to such a patient in such a way.

(4) In each of subsections (2) and (3) above, "specified" means specified in the regulations made under that subsection.

(5) The Scottish Ministers may give to the managers of a hospital directions as to the implementation by those managers of regulations made under subsection (1) above; and the managers shall comply with any such directions.>

Section 198

Mrs Mary Mulligan

799 In section 198, page 130, leave out lines 2 to 8

Section 199

Mrs Mary Mulligan

800 In section 199, page 131, line 19, leave out from beginning to <meanings> and insert <"public place" has the meaning>

Section 200

Shona Robison

801 In section 200, page 132, line 12, at end insert-

<( ) Where the patient is detained under subsection (2) above the nurse shall, as soon as practicable after the holding period begins, take reasonable steps to ensure that the patient understands-

(a) the reasons why the patient is being detained; and

(b) that the medical examination of the patient may result in the granting of an emergency detention certificate or a short-term detention certificate.>

Section 201

Shona Robison

802 In section 201, page 133, line 6, at end insert-

<( ) where the patient is being removed to a place outwith the United Kingdom, authorise the removal only after the managers of the hospital from which the patient is being removed are satisfied that-

(i) proper arrangements for the patient's care and treatment during the journey to, and on arrival at, that place are in place; and

(ii) the removal is in the patient's best interests;>

After section 202

Mrs Mary Mulligan

803 After section 202, insert-

<Interpretation of Part

Meaning of "place of safety"

In this Part of this Act, "place of safety" means-

(a) a hospital;

(b) premises which are used for the purpose of providing a care home service (as defined in section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8)); or

(c) any other suitable place (other than a police station) the occupier of which is willing temporarily to receive mentally disordered persons.>

Shona Robison

804 After section 202, insert-

<Part

Excessive security

Application to Tribunal in relation to detention in conditions of excessive security

(1) This section applies where a patient is being detained in-

(a) a state hospital; or

(b) a hospital or hospital unit of such other sort as may be specified in regulations,

by virtue of this Act or the 1995 Act.

(2) Any of the persons mentioned in subsection (3) below may, subject to subsections (4) and (5) below, apply to the Tribunal for a determination that a patient is being held in conditions of excessive security, and an order to transfer the patient to a hospital or hospital unit that is able to offer the patient an appropriate level of security.

(3) Those persons are-

(a) the patient;

(b) the patient's named person;

(c) any guardian of the patient;

(d) any welfare attorney of the patient; and

(e) the Commission.

(4) An application under subsection (2) may not be made before the expiry of 6 months beginning with the day on which the order authorising the detention to which the application relates was made.

(5) No more than one application may be made under this section-

(a) during the period of 12 months beginning with the day on which the order authorising the detention to which the application relates was made; or

(b) during any subsequent period of 12 months that begins with, or with an anniversary of, the expiry of the period mentioned in paragraph (a) above.

(6) Before determining an application under subsection (2) above the Tribunal shall afford the persons mentioned in subsection (7) below the opportunity-

(a) of making representations (whether orally or in writing); and

(b) of leading, or producing, evidence.

(7) Those persons are the persons mentioned in subsection (3) above and-

(a) the patient's responsible medical officer;

(b) the patient's mental health officer;

(c) the managers of the hospital in which patient is detained;

(d) the Health Board; and

(e) any other person appearing to the Tribunal to have an interest.

(8) The Tribunal may-

(a) if satisfied that the patient is being detained in conditions of excessive security-

(i) make a determination to that effect; and

(ii) order the transfer of the patient within such period as may be specified in the order, being a period of not more than 3 months, to a hospital or hospital unit that is able to offer the patient an appropriate level of security; or

(b) refuse the application.

(9) The patient's responsible medical officer may, at any time prior to the transfer of the patient pursuant to an order under sub-paragraph (ii) of subsection (8)(a) above, apply to the Tribunal for the revocation of the determination under sub-paragraph (ii) of that subsection on the grounds that there has been a material change in the patient's condition.

(10) Before determining an application under subsection (9) above, the Tribunal shall afford the persons mentioned in subsection (7) above the opportunity-

(a) of making representations (whether orally or in writing); and

(b) of leading, or producing, evidence.

(11) For the purposes of this section, a patient is "held in conditions of excessive security" if-

(a) where the patient is detained in a state hospital, the patient does not require to be detained in a hospital under conditions of special security that can only be provided in a state hospital;

(b) where the patient is detained in any other hospital or hospital unit, it is not necessary for the patient to be detained at the level of security provided in that hospital or hospital unit, having regard to the degree of risk the patient represents to-

(i) his own health, safety and welfare; and

(ii) the safety of any other person.>

Shona Robison

805 After section 202, insert-

<Powers of Tribunal on failure to comply with order under section (Application to Tribunal in relation to detention in conditions of excessive security)

(1) This subsection applies where-

(a) the Tribunal has made an order under section (Application to Tribunal in relation to detention in conditions of excessive security)(8)(a)(ii) above; and

(b) the Health Board in whose area the patient was, at the time the order was made, detained has failed to secure the transfer of the patient to a hospital or hospital unit that is able to offer the patient an appropriate level of security within the period specified in the order.

(2) Where subsection (1) applies, the Tribunal may require-

(a) the Health Board; and

(b) any other persons appearing to the Tribunal to have relevant information,

to appear before the Tribunal to explain the reasons for the failure to secure the transfer of the patient within that period.

(3) The Tribunal may, after considering the explanations given under subsection (2) above, revise the order to extend the period within which the patient is to be transferred by up to a further 3 months from the date on which the period originally specified in the order expired.

(4) The Tribunal may-

(a) where the period specified in the order (whether or not extended under subsection (3) above) has expired without the patient being transferred, order the transfer of the patient within a period of 14 days from the making of the order; and

(b) where the period of 14 days specified in an order under paragraph (a) has expired without the patient being transferred, certify that fact in writing to the Court of Session.

(5) The Court of Session may-

(a) on receipt of a certificate under subsection (4)(b); and

(b) after giving the Health Board and any other person an opportunity to be heard,

if satisfied that the Health Board failed to transfer the patient without reasonable excuse, make such order against the Health Board as it considers appropriate (being an order that it would be able to make on grounds of contempt of court).

Section 203

Mrs Mary Mulligan

806 In section 203, page 135, line 1, leave out <or is to be>

Section 204

Mrs Mary Mulligan

807 In section 204, page 135, line 33, leave out <or> and insert-

<(ii)>

Mrs Mary Mulligan

808 In section 204, page 135, line 34, at end insert <; or

(iii) a certificate under section 86(2) or (2B) of this Act authorising continued detention>

Mrs Mary Mulligan

809 In section 204, page 135, line 35, at end insert <or under the power conferred by section 56 of this Act>

Mrs Mary Mulligan

810 In section 204, page 135, line 37, after <under> insert <the power conferred by>

Mrs Mary Mulligan

811 In section 204, page 135, line 41, leave out <or certificate> and insert, <certificate or, as the case may be, power>

Section 205

Mrs Mary Mulligan

812 In section 205, page 136, line 30, after <the> insert <patient's>

Mrs Mary Mulligan

813 In section 205, page 136, line 42, after second <the> insert <patient's>

Mrs Mary Mulligan

814 In section 205, page 137, line 8, after second <the> insert <patient's>

Mrs Mary Mulligan

815 In section 205, page 137, line 38, after <the> insert <patient's>

Section 207

Mrs Mary Mulligan

816 In section 207, page 138, line 18, after <ceased> insert <within a period beginning>

Mrs Mary Mulligan

817 In section 207, page 138, line 19, at end insert <and ending 14 days before that day>

Mrs Mary Mulligan

818 In section 207, page 138, line 23, leave out subsections (2) and (3) and insert-

<(2) The patient's responsible medical officer shall, during the period of 14 days secondly referred to in subsection (1) above, carry out a review in respect of the compulsory treatment order to which the patient is subject by complying with the requirements set out in section 60(3) of this Act.

(3) The review provisions (that is to say, section 63(2) and (3) and the subsequent provisions of Chapter 2 of Part 7 of this Act) shall, in accordance with subsections (4) to (6) below, apply in respect and in consequence of a review under this section as they apply in respect and in consequence of the reviews for which that Chapter provides.

(4) Where the compulsory treatment order to which the patient is subject has not been extended as mentioned in section 61(1) of this Act, those of the review provisions which relate to a first review apply.

(5) Where that order has been so extended, those of the review provisions which relate to a further review apply.

(6) Where the unauthorised absence of the patient began at a time when a review of the compulsory treatment order to which the patient is subject was taking place under section 60 or 61 of this Act, anything done by the patient's responsible medical officer for the purposes of that review which, apart from this subsection, could or must be done for the purposes of a review under this section need not, for the latter purposes, be done.>

Section 208

Mrs Mary Mulligan

819 Leave out section 208

Section 209

Mrs Mary Mulligan

820 In section 209, page 140, line 4, at end insert-

<(1A) The patient's responsible medical officer shall, during the period of 14 days secondly referred to in subsection (1) above, carry out a review in respect of the compulsory treatment order to which the patient is subject by complying with the requirements set out in section 60(3) of this Act.>

Mrs Mary Mulligan

821 In section 209, page 140, line 5, leave out <(2) to (5) of section 208> and insert <(3) to (6) of section 207>

Mrs Mary Mulligan

822 In section 209, page 140, line 8, leave out subsections (3) and (4)

Section 210

Mrs Mary Mulligan

823 In section 210, page 140, line 25, leave out <a> and insert <the>

Mrs Mary Mulligan

824 In section 210, page 140, line 30, at end insert-

<(1A) The patient's responsible medical officer shall, during the period of 14 days referred to in subsection (1) above, carry out a review of the compulsory treatment order to which the patient is subject by complying with the requirements set out in section 60(3) of this Act.>

Mrs Mary Mulligan

825 In section 210, page 140, line 31, leave out <(2) to (5) of section 208> and insert <(3) to (6) of section 207>

Mrs Mary Mulligan

826 In section 210, page 140, line 34, leave out subsection (3)

Section 211

Mrs Mary Mulligan

827 In section 211, page 140, line 41, after <certificate> insert <or a certificate under section 86(2) or (2B) of this Act authorising continued detention>

Section 226

Mrs Mary Mulligan

828 In section 226, page 149, line 17, after <by> insert <virtue of>

Mrs Mary Mulligan

829 In section 226, page 149, line 19, leave out <under> and insert <by virtue of>

Section 228

Mrs Mary Mulligan

830 In section 228, page 149, line 33, at end insert-

<"carer", in relation to a person, means an individual who, otherwise than-

(a) by virtue of a contract of employment or other contract with any person; or

(b) as a volunteer for a voluntary organisation,

provides, on a regular basis, a substantial amount of care for, and support to, the person; and includes, in the case where the person is in hospital, an individual who, before the person was admitted to hospital, provided, on a regular basis, a substantial amount of care for, and support to, the person;>

Mrs Mary Mulligan

831 In section 228, page 151, leave out lines 16 to 23 and insert-

<"primary", in relation to a carer, means the individual who provides all, or most, of the care for, and support for, the person;>

 

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