Back to the Scottish Parliament Business Bulletin No. 183/2006: Thursday 14 December 2006
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Section G – Bills

New amendments to Bills lodged on 12 December 2006

Adult Support and Protection (Scotland) Bill – Stage 2

After section 67

Lewis Macdonald

126 After section 67, insert—

<Compulsory treatment orders and compulsion orders: cross-border transfer of patients etc.

(1) Section 289 (cross-border transfer of patients subject to requirements other than detention) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) is amended as follows—

(a) in subsection (1)—

(i) the words from "the", where first occurring, to the end of the subsection become paragraph (a),

(ii) at end insert—

"(b) the reception in Scotland of a person subject to corresponding requirements in England, Wales, Northern Ireland, the Isle of Man or the Channel Islands and removed from there.",

(b) in subsection (2), for "that provision is made" substitute "provision is made by regulations under paragraph (a) of subsection (1) above",

(c) after subsection (2) insert—

"(2XA) Where provision is made by regulations under paragraph (a) of subsection (1) above, the regulations may make provision for exceptions to provisions included in them by virtue of subsection (2)(d).

(2YA) Where provision is made by regulations under paragraph (b) of subsection (1) above, the regulations shall provide for the reception of persons to take place only if—

(a) the managers of a hospital consent to the reception, and

(b) those managers undertake to appoint an approved medical practitioner to be the person’s responsible medical officer.

(2ZA) Regulations under subsection (1) above may in particular—

(a) make provision for things done under the law of a territory other than Scotland to be treated as things done under provisions of the law of Scotland,

(b) confer powers and immunities on persons engaged in—

(i) escorting persons being moved under the regulations;

(ii) pursuing persons who have absconded while being so moved;

(iii) restraining persons who have absconded, or attempt to abscond, while being so moved;

(c) make provision amending provisions of this Act (other than this section) or any other enactment, or providing for any such provision or enactment to have effect with modification.",

(d) in subsection (2A), for "Subsection (2) above is" substitute "Subsections (2) to (2ZA) above are",

(e) after subsection (3) insert—

"(4) For the purposes of subsection (1)(b) above, a person is subject to "corresponding requirements" in a territory if under the law of that territory the person is subject to measures corresponding or similar to a requirement imposed in relation to a person under section 66(1) of this Act or section 57A(8) of the 1995 Act, not being detention in a hospital.".

(2) In section 309 (patients from other jurisdictions) of that Act—

(a) in subsection (1), after "to", where third occurring, insert "corresponding requirements or",

(b) after subsection (2) insert—

"(2A) The reference in subsection (1) above to persons subject to corresponding requirements shall be construed in accordance with section 289(4) of this Act.".

(3) In section 316(1)(c) (offence of inducing or assisting patient to abscond), after "section" insert "289 or".

(4) In section 326(4)(c) (regulations subject to affirmative resolution) of that Act, after "286," insert "289,".>

Lewis Macdonald

127 After section 67, insert—

<Cross-border visits: leave of absence

(1) After section 309 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), insert—

"309A Cross-border visits: leave of absence

(1) Regulations may make provision for and in connection with the keeping in charge of a person who is subject to a corresponding suspension of detention in England, Wales, Northern Ireland, the Isle of Man or the Channel Islands.

(2) Those regulations may—

(a) make provision applying sections 301 to 303 of this Act to such persons;

(b) make such modifications of those sections in that application as the Scottish Ministers think fit.

(3) A person is subject to a "corresponding suspension of detention" in a territory if under the law of that territory—

(a) but for the leave of absence mentioned in paragraph (b), the person would be subject to measures corresponding or similar to detention in hospital authorised by virtue of this Act or the 1995 Act; and

(b) the person has been granted a leave of absence subject to a condition corresponding or similar to the condition set out in section 127(6)(a) of this Act.".

(2) In section 326(4)(c) (regulations subject to affirmative resolution) of that Act, after "309," insert "309A,".>

Lewis Macdonald

128 After section 67, insert—

<Mental Health Act 1983: repeal of power to return patients absent from hospital etc.

Sections 88 and 128 of the Mental Health Act 1983 (c.20) are repealed.>

Lewis Macdonald

129 After section 67, insert—

<Assessment orders: amendment of Criminal Procedure (Scotland) Act 1995

The Criminal Procedure (Scotland) Act 1995 (c.46) is amended as follows—

(a) in section 144 (procedure at first diet)—

(i) in subsection (1), after "section 145" insert "or 145ZA",

(ii) in subsection (9), after "section 145" insert ", 145ZA",

(b) after section 145 insert—

"145ZA Adjournment where assessment order made at first calling

Where the accused is present at the first calling of a case in a summary prosecution the court may, where it makes an assessment order in respect of the accused, adjourn the case under this section for a period not exceeding 28 days without calling on the accused to plead to any charge against him; and the court may so adjourn the case for a further period not exceeding 7 days.".>

Schedule 1

Lewis Macdonald

130 In schedule 1, page 40, line 7, at end insert—

<Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33)

The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows—

(a) in section 7(2)(a), for "1984" substitute "2003",

(b) in section 16—

(i) in paragraph (b) of the definition of "mental disorder", for the words "section 1(2) of the 1984 Act" substitute "section 328 of the 2003 Act",

(ii) in the definition of "State hospital", for "1984" substitute "2003" .>

Schedule 2

Lewis Macdonald

131 In schedule 2, page 41, line 13, at end insert—

<Mental Health Act 1983 (c.20) In section 146, the words from "88" to "138)" and the words from "128" to "guardianship)".>

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