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The Mental Health (Safety and Security) (Scotland) Amendment Regulations 2012

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2012, ISBN 9780111017067

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before the Scottish Parliament under section 326(4) of the Mental Health (Care and Treatment) (Scotland) Act 2003 for approval by resolution of the Scottish Parliament.

Mental Health

Made 2012

Coming into force 1st August 2012

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 286(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003f1 and all other powers enabling them to do so.

In accordance with section 286(6) of that Act, they have consulted with such persons as they consider appropriate.

In accordance with section 326(4) of that Actf2, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

2003 asp 13; see section 329 for the definition of “regulations”.

f2

Section 326(4) has been modified by paragraph 5 of schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Mental Health (Safety and Security) (Scotland) Regulations 2005
  3. 3Amendment of the Mental Health (Safety and Security) (Scotland) Regulations 2005
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Mental Health (Safety and Security) (Scotland) Amendment Regulations 2012 and come into force on 1st August 2012.

2Amendment of the Mental Health (Safety and Security) (Scotland) Regulations 2005

In regulation 2(2) (specified persons) of the Mental Health (Safety and Security) (Scotland) Regulations 2005f1, for sub-paragraph (a) substitute—

“(a)

the person is detained in—

(i)

a state hospital;

(ii)

the Orchard Clinic in Royal Edinburgh Hospital, Morningside Terrace, Edinburgh;

(iii)

the Rowanbank Unit, 133C Balornock Road, Glasgow; or

(iv)

the Medium Secure Service, Rohallion Clinic, Murray Royal Hospital, Muirhall Road, Perth; or”.

3Amendment of the Mental Health (Safety and Security) (Scotland) Regulations 2005

The Mental Health (Safety and Security) (Scotland) Amendment Regulations 2007f1 are revoked.

Signature

Name

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Mental Health (Safety and Security) (Scotland) Regulations 2005 (“the principal Regulations”) to add the Medium Secure Service, Rohallion Clinic, Muirhall Road, Perth to the list of institutions specified in regulation 2(2)(a) of those Regulations (regulation 2).

The principal Regulations provide for ‘specified persons’, who may be made subject to measures to protect the safety and security of themselves and others. A person is only a “specified person” if certain conditions exist, one of which is that the person is detained in a state hospital or other place specified in regulation 2(2)(a) of the principal Regulations.

The Mental Health (Safety and Security) (Scotland) Amendment Regulations 2007 are revoked.