# Mental Health (Care and Treatment) (Scotland) Act 2003, Section 309A: Cross-border visits: leave of absence

Extent: S

(1) Regulations may make provision for and in connection with the keeping in charge of
(a) a person who is subject to a corresponding suspension of detention in England, Wales, Northern Ireland, the Isle of Man or the Channel Islands.
(b) a person who is subject to a corresponding suspension of detention in a member State of the European Union (apart from the United Kingdom).
(2) Those regulations may—
(a) make provision applying sections 301 to 303 of this Act to such persons;
(b) make such modifications of those sections in that application as the Scottish Ministers think fit.
(3) A person is subject to a “corresponding suspension of detention” in a territory if under the law of that territory—
(a) but for the leave of absence mentioned in paragraph (b), the person would be subject to measures corresponding or similar to detention in hospital authorised by virtue of this Act or the 1995 Act; and
(b) the person has been granted a leave of absence subject to a condition corresponding or similar to the condition set out in section 127(6)(a) of this Act.

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