{
  "url": "https://openlegislation.uk/mental-health-absconding-by-mentally-disordered-offenders-scotland-regulations-2005/note",
  "json_url": "https://openlegislation.uk/mental-health-absconding-by-mentally-disordered-offenders-scotland-regulations-2005/note.json",
  "legislation": "ssi/2005/463",
  "legislation_title": "The Mental Health (Absconding by mentally disordered offenders) (Scotland) Regulations 2005",
  "legislation_url": "https://openlegislation.uk/mental-health-absconding-by-mentally-disordered-offenders-scotland-regulations-2005",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThe Mental Health (Care and Treatment) (Scotland) Act 2003 (“the Act”) makes provision for taking into custody a patient who is subject to a relevant order or direction made under the criminal justice system and who breaches a relevant condition of that order or direction.\nRegulation 2 prescribes the circumstances relating to individual orders or directions in which a patient is liable to be taken into custody.\nRegulation 3 prescribes the persons who may take such patients into custody.\nRegulation 4 prescribes the steps that may be taken with regard to a patient who has been taken into custody with reference to the particular order or direction to which the patient is subject.\nRegulation 5 prescribes the circumstances in which a responsible medical officer must notify certain persons of a patient’s unauthorised absence.\nRegulation 6 prescribes the effect of unauthorised absence on the orders or directions to which the patient is subject.\nRegulation 7 provides that the responsible medical officer of a patient subject to a compulsion order (without a restriction order) should notify the Mental Welfare Commission of that patient’s unauthorised absence.\nRegulation 8 provides that the responsible medical officer of a patient subject to a compulsion order and also subject to a restriction order, a hospital direction or a transfer for treatment direction should notify the Mental Welfare Commission and the Scottish Ministers of that patient’s unauthorised absence.\nRegulation 9 prescribes the effect of unauthorised absence on the orders or directions to which the patient is subject.\nRegulation 10 provides for a review by the responsible medical officer where a patient who absconded was subject to a compulsion order, without a restriction order, and how this review fits with statutory reviews otherwise required under sections 139 and 140 of the 2003 Act.\nRegulation 11 provides for a review by the responsible medical officer where a patient who absconded was subject to a compulsion order and a restriction order, a hospital direction or a transfer for treatment direction and how this review sits with statutory reviews otherwise required under section 182 or 206 of the 2003 Act.\nRegulation 12 provides for a review of certain other orders and when a patient’s responsible medical officer may apply to the court for the order to which the patient is subject to be confirmed, or varied.\nRegulation 13 provides that a patient’s responsible medical officer may revoke a certificate of suspension where a patient has absconded.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2005/463/note",
    "retrieved_at": "2026-10-28T22:24:12.116338+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."
}