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

Draft 2014, ISBN 9780111023495

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”).

Made under: Mental Health (Care and Treatment) (Scotland) Act 2003 (Schedule 1A paragraph 7)

PDFs: Printed copy https://openlegislation.uk/draft-national-confidential-forum-prescribed-care-and-health-services-scotland-order-2014/pdf/sdsi_9780111023495_en.pdf; Draft Policy Note https://openlegislation.uk/draft-national-confidential-forum-prescribed-care-and-health-services-scotland-order-2014/pdf/sdsipn_9780111023495_en.pdf

## Introductory text

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 2003 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.

## 1 Citation, 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.

## 2 Prescribed 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 1978.
(3) In paragraph (1)(b), “independent clinic” has the meaning given in section 10F(2) of that Act.

## 3 Prescribed 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 1968, the Children (Scotland) Act 1995 or the Children’s Hearings (Scotland) Act 2011;
(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 1980.
(3) In paragraph 1(b)(i), the reference to a local authority includes any body which, before 1st February 1996, exercised functions analogous to those of a local authority.

## 4 Services 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).

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Source: https://www.legislation.gov.uk/sdsi/2014/9780111023495 (the official version)
Page: https://openlegislation.uk/draft-national-confidential-forum-prescribed-care-and-health-services-scotland-order-2014
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.