# Mental Health (Care and Treatment) (Scotland) Act 2003, Section 309: Patients from other jurisdictions

Extent: S

(1) Regulations may make provision applying sections 301 to 303 of this Act to
(a) persons in Scotland who are subject to corresponding requirements or corresponding measures in England, Wales, Northern Ireland, the Isle of Man or the Channel Islands.
(b) persons in Scotland who are subject to corresponding requirements or corresponding measures in a member State of the European Union (apart from the United Kingdom).
(2) Regulations under subsection (1) above may make such modifications of those sections in that application as the Scottish Ministers think fit.
(2ZA) Regulations may make provision applying specific provisions in Part 16 of this Act to persons to whom sections 301 to 303 of this Act apply by virtue of subsection (1) above.
(2ZB) Regulations under subsection (2ZA) above may make such modifications of that Part in that application as the Scottish Ministers think fit.
(2ZC) But regulations under subsection (2ZA) above may not—
(a) apply any of that Part to persons who are subject to requirements or measures corresponding only to detention in hospital in accordance with an emergency detention certificate, or
(b) authorise medical treatment of the types mentioned in section 234(2) or 237(3) of this Act.
(2A) The reference in subsection (1) above to persons subject to corresponding requirements shall be construed in accordance with section 289(4) of this Act.
(3) The reference in subsection (1) above to persons subject to corresponding measures shall be construed in accordance with section 290(8) of this Act.

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Source: https://www.legislation.gov.uk/asp/2003/13/section/309 (the official version)
Page: https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003/section-309
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.