Explanatory note
(This note is not part of the Regulations)
The Regulations make provision in connection with escorted mental health patients who visit Scotland while on leave of absence under the law of another European Union member State.
Specifically, regulation 3 amends the Mental Health (Cross-border Visits) (Scotland) Regulations 2008 so that they apply to such patients. In their unamended form, the 2008 Regulations applied only to patients visiting Scotland while on leave of absence under the law of England and Wales, Northern Ireland, the Isle of Man or any of the Channel Islands.
The 2008 Regulations apply (with modifications) sections 301 to 303 of the Mental Health (Care and Treatment) (Scotland) Act 2003 to visiting patients. Those sections set out what can happen should a patient on leave of absence fail to comply with any conditions or requirements imposed.