{
  "url": "https://openlegislation.uk/draft-mental-health-absconding-miscellaneous-amendments-scotland-regulations-2017/note",
  "json_url": "https://openlegislation.uk/draft-mental-health-absconding-miscellaneous-amendments-scotland-regulations-2017/note.json",
  "legislation": "sdsi/2017/9780111035733",
  "legislation_title": "The Mental Health (Absconding) (Miscellaneous Amendments) (Scotland) Regulations 2017",
  "legislation_url": "https://openlegislation.uk/draft-mental-health-absconding-miscellaneous-amendments-scotland-regulations-2017",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend the Mental Health (Absconding by mentally disordered offenders) (Scotland) Regulations 2005 (“the 2005 Regulations”) and the Mental Health (Absconding Patients from Other Jurisdictions) (Scotland) Regulations 2008 (“the 2008 Regulations”).\nThe 2005 Regulations make provision in relation to patients who are subject to certain orders or directions made under the criminal justice system in Scotland and who have absconded within Scotland. Regulation 3 of the 2005 Regulations specifies persons who may take such patients into custody. Regulation 2 of these Regulations amends regulation 3 of the 2005 Regulations to add persons authorised by the patient’s responsible medical officer to that list of specified persons.\nThe 2008 Regulations make provision in relation to persons in Scotland who have absconded from jurisdictions outside of Scotland. Regulation 3 of these Regulations makes amendments to the 2008 Regulations, including to add member States of the European Union to the jurisdictions listed as “relevant territories” for the purposes of the 2008 Regulations.\nThese Regulations also insert a series of provisions into the 2008 Regulations that apply (with modifications) certain sections from Part 16 (medical treatment) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the 2003 Act”). The sections from Part 16 are applied in relation to persons who have been examined by an approved medical practitioner and who are subject to measures or requirements corresponding to listed measures or requirements in the 2003 Act or the Criminal Procedure (Scotland) Act 1995 that involve detention of the patient.\nThe sections from Part 16 of the 2003 Act that are applied (with modifications) are—\nSection 233 (designated medical practitioners), in relation to powers to interview and examine a person who has absconded and to require their medical records.\nSection 238 (where patients are capable of consenting and not refusing consent), in relation to treatments under section 240.\nSection 240 (treatments given over period of time).\nSection 241 (treatment mentioned in section 240(3): patients refusing consent or incapable of consenting).\nSection 242 (treatment not mentioned in section 234(2), 237(3) or 240(3)).\nSection 243 (urgent medical treatment).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2017/9780111035733/note",
    "retrieved_at": "2026-10-30T15:33:47.481783+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}