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The Mental Health (Scotland) Act 2015 (Commencement No. 3) Order 2017

S.S.I. 2017/126 · Made 20 April 2017

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.

Mental Health

Made 20th April 2017

Laid before the Scottish Parliament 21st April 2017

Coming into force 5th May 2017

The Scottish Ministers make the following Order in exercise of the powers conferred by section 61(2) of the Mental Health (Scotland) Act 2015f1.

Annotations to the whole text

Footnotes

f1

2015 asp 9 (“the 2015 Act”).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Appointed day
  3. Signature
  4. Schedule Schedule
  5. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Mental Health (Scotland) Act 2015 (Commencement No. 3) Order 2017 and comes into force on 5th May 2017.

(2)

In this Order “the 2015 Act” means the Mental Health (Scotland) Act 2015.

2Appointed day

(1)

Subject to paragraph (2), 5th May 2017 is the day appointed for the coming into force of the provisions of the 2015 Act specified in column 1 of the table in the schedule (the subject matter of which is specified in column 2 of that table).

(2)

Where a purpose is specified in column 3 of that table in relation to a provision in column 1, that provision comes into force on 5th May 2017 only for that purpose.

Signature

MAUREEN WATT

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

20th April 2017

Column 1Column 2Column 3
Provisions of the Mental Health (Scotland) Act 2015Subject matterPurpose
Section 23(1) and (2)Consent to being named personSo far as is necessary to enable the Scottish Ministers to make regulations under section 250(2A) (nomination of named person) of the Mental Health (Care and Treatment) (Scotland) Act 2003f1.
Section 29Conflicts of interest to be avoidedSo far as is necessary to enable the Scottish Ministers to make regulations under section 291Af2 (conflicts of interest to be avoided) of the Mental Health (Care and Treatment) (Scotland) Act 2003.
Section 32Cross-border transfer of patientsSo far as is necessary to enable the Scottish Ministers to make regulations under sections 289(1)f3 (cross-border transfer: patients subject to requirement other than detention), 290(1)f4 (cross-border transfer: patients subject to detention requirement or otherwise in hospital) and 309A(1)f5 (cross-border visits: leave of absence) of the Mental Health (Care and Treatment) (Scotland) Act 2003, all as amended by the 2015 Act.
Section 33Dealing with absconding patientsSo far as is necessary to enable the Scottish Ministers to make regulations under sections 309(1)f6, as amended by the 2015 Act, and (2ZA)f7 (patients from other jurisdictions) and 310(1) as read with section 310(3A)f8 (regulations as to absconding by other patients) of the Mental Health (Care and Treatment) (Scotland) Act 2003.
Section 54Right to information: offender imprisonedSo far as is necessary to enable the Scottish Ministers to make regulations under section 16(4)(b) and (c) of the Criminal Justice (Scotland) Act 2003f9 (victim’s right to receive information concerning release etc. of offender).
Section 58Associated definitionsSo far as is necessary to enable the Scottish Ministers to make regulations under section 16(4)(b) and (c) of the Criminal Justice (Scotland) Act 2003.

Explanatory note

(This note is not part of the Order)

This Order brings into force provisions in the Mental Health (Scotland) Act 2015 (“the 2015 Act”) which make amendments to or introduce powers to make regulations under the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the 2003 Act”) and the Criminal Justice (Scotland) Act 2003.

Sections 32 and 33 of the 2015 Act make amendments to powers to make regulations under the 2003 Act. Sections 23 and 29 introduce new powers to make regulations under that Act. Section 54 makes amendments to section 16 of the Criminal Justice (Scotland) Act 2003, also to enabling powers. Section 58 introduces section 18A to that Act which provides definitions for the purposes of those powers. These provisions come into force on 5th May 2017 to allow regulations to be made.

By virtue of section 61(1) of the 2015 Act, section 17 and Part 4 (sections 61 and 62) of the 2015 Act came into force on 5th August 2015. Sections 14, 15, 16 and 18 of the 2015 Act, which make amendments to chapter 3 of Part 17 of the 2003 Act in respect of detention in conditions of excessive security came into force on 16th November 2015. Section 37 of the 2015 Act creates a duty on the Scottish Ministers to carry out a review of the arrangements for investigating the deaths of patients with mental disorder; section 37 came into force on 24th December 2015. The 2015 Act received Royal Assent on 4th August 2015.