In
section 116, in subsection (2)(b) the words “or
the Mental Health (Scotland) Act 1984” and in subsection
(2)(c) the words “or under the Mental Health (Scotland)
Act 1984”.
Mental
Health (Scotland) Act 1984 (c. 36)
The
whole Act except sections 10, 95 and 130. In section 10(1),
paragraphs (a) and (aa); in paragraph (b), the words “the
following provisions of this Act or under”; and
in paragraph (c), the words “under this Act or”.
This Order
makes provision consequential on the Mental Health (Care and Treatment)
(Scotland) Act 2003 (“the 2003 Act”), principally
in respect of the law of England and Wales and Northern Ireland
to provide for the reception of patients from Scotland and the
removal of patients to Scotland.
Article 2 provides
that where patients are removed from Scotland to England and Wales
they will become subject to the measure in England and Wales which
most closely corresponds to the measure to which the patient was
subject in Scotland. Where the patient is subject to a prison
sentence the sentence will be treated as if it were imposed in
a court in England and Wales. Article 3 provides for the treatment
of a restriction order and conditional discharge where a patient
is transferred from Scotland to England and Wales. On transfer
the order and conditional discharge will be treated as if they
were made under the relevant enactment in force in England and
Wales.
Articles 4
and 5 make provision equivalent to articles 2 and 3 in respect
of patients transferred from Scotland to Northern Ireland. Article
6 empowers the responsible authority in Northern Ireland to authorise
the removal of patients detained under the Mental Health (Northern
Ireland) Order 1986 (“the 1986 Order”) to Scotland.
Article 7 empowers the Secretary of State to transfer patients
to Scotland where the patient was subject, in Northern Ireland,
to a restriction order and a conditional discharge under the 1986
Order.
Article 8 provides
that any person who may be taken into custody in Scotland under
the 2003 Act or regulations made under the 2003 Act may be taken
into custody in any other part of the UK and returned to Scotland.
Article 9 provides for the return to Northern Ireland of persons
subject to corresponding measures taken into custody under regulations
made under the 2003 Act. Article 10 makes it an offence in England
and Wales and in Northern Ireland to do anything in relation to
a person subject to the 2003 Act that would be an offence under
section 316 of the 2003 Act if done in Scotland. Section 316 makes
it an offence to induce or assist patients to abscond. Article
11 provides that where patients are being conveyed to any place
in England, Wales or Northern Ireland by virtue of the 2003 Act
or this Order they will be in legal custody while being conveyed
through those territories. Paragraph (2) provides that persons
taking patients into custody or conveying or detaining them by
virtue of the 2003 Act or this Order will have all the powers
and privileges of a constable.
Article 12
gives protection to acts done in pursuance of this Order in Scotland,
and for England and Wales and Northern Ireland extends the protection
afforded by section 139 of the Mental Health Act 1983 to acts
done in pursuance of this Order. Article 13 applies section 136
of the 2003 Act, regarding the transfer of prisoners for treatment
of mental disorder, to persons detained under immigration legislation.
Article 14 makes provision that social services will not be provided
to a person subject to section 115 of the Immigration and Asylum
Act 1999 by reason only of the fact that the person is destitute.
Article 15
and Schedules 1 and 2 make modifications to primary and subordinate
legislation and Article 16 and Schedule 3 provide for repeals.
