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The National Confidential Forum (Prescribed Care and Health Services) (Scotland) Order 2014

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

Draft 2014, ISBN 9780111023495

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 Order laid before the Scottish Parliament under paragraph 7(6) of schedule 1A to the Mental Health (Care and Treatment) (Scotland) Act 2003 for approval by resolution of the Scottish Parliament.

Mental Health

Made

Coming into force 1st July 2014

The Scottish Ministers make the following Order in exercise of the powers conferred by paragraph 7(3) of schedule 1A to the Mental Health (Care and Treatment) (Scotland) Act 2003f1 and all other powers enabling them to do so.

In accordance with paragraph 7(6) of schedule 1A to that Act, 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. Schedule 1A was inserted by section 31(2) of the Victims and Witnesses (Scotland) Act 2014 (asp 1).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Prescribed health services
  3. 3Prescribed care services
  4. 4Services provided at private dwellings
  5. Signature
  6. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the National Confidential Forum (Prescribed Care and Health Services) (Scotland) Order 2014 and comes into force on 1st July 2014.

(2)

In this Order—

  • “prescribed” means prescribed for the purposes of paragraph 7(3) of schedule 1A to the Mental Health (Care and Treatment) (Scotland) Act 2003.

2Prescribed health services

(1)

The health services prescribed are health services provided in—

(a)

a hospital;

(b)

an independent clinic;

(c)

a sanatorium.

(2)

In paragraph (1)(a), “hospital” has the meaning given in section 108(1) of the National Health Service (Scotland) Act 1978f1.

(3)

In paragraph (1)(b), “independent clinic” has the meaning given in section 10F(2)f2 of that Act.

3Prescribed care services

(1)

The care services prescribed are—

(a)

the provision of school education;

(b)

the provision of accommodation—

(i)

by, or on behalf of, a local authority in pursuance of its duty under any enactment to provide accommodation for children;

(ii)

by any other person for the purposes of the Social Work (Scotland) Act 1968f1, the Children (Scotland) Act 1995f2 or the Children’s Hearings (Scotland) Act 2011f3;

(iii)

by a voluntary organisation or any other person in a children’s home;

(iv)

to evacuees during war;

(v)

to persons by reason of a disability (physical or mental);

(vi)

to persons on remand or sentenced to imprisonment or detention, or whose liberty is otherwise restricted; and

(vii)

to persons in need by reason of being destitute.

(2)

In paragraph 1(a), “school education” has the meaning given by section 1(5) of the Education (Scotland) Act 1980f4.

(3)

In paragraph 1(b)(i), the reference to a local authority includes any body which, before 1st February 1996f5, exercised functions analogous to those of a local authority.

4Services provided at private dwellings

Neither article 2 nor article 3 are to be taken to prescribe a service provided at premises used wholly or mainly as a private dwelling.

Signature

Name

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

Date

Explanatory note

(This note is not part of the Order)

This Order makes provision under paragraph 7 of schedule 1A (National Confidential Forum) to the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the schedule”).

The National Confidential Forum (NCF) is a committee of the Mental Welfare Commission with functions relating to persons who were placed in institutional care as children. The NCF may hear testimony from eligible persons. It is a condition of eligibility that a person has been placed in institutional care.

Articles 2 and 3 prescribe care and health services for the purposes of the definition of “institutional care” in paragraph 7(3) of the schedule. Those services also require to meet the conditions in paragraph 7(4) of the schedule.

The services prescribed in the Order do not include services provided in private dwellings (article 4).