Mental Health (England and Wales Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations 2008
These Scottish Regulations provide for the transfer of community patients between England & Wales and Scotland. Scotland has had Community Treatment Orders and Compulsion Orders under their Mental Health (Care and Treatment) (Scotland) Act 2003. The Regulations are needed now that England & Wales have a Community Treatment Order.
Extract from explanatory noteSection 289 of the Mental Health (Care and Treatment)(Scotland) Act 2003 ( “the 2003 Act”) provides for the transfer of patients subject to a requirement other than detention to a place outwith Scotland and for patients subject to corresponding requirements in England, Wales, Northern Ireland, the Isle of Man or the Channel Islands to be received in Scotland. These Regulations make provision in relation to the transfer of patients to England and Wales and the reception in Scotland of patients from England and Wales. Part I of these Regulations make general provision; Part II (regulations 3 to 13) makes provision for the removal of patients from Scotland; Part III (regulations 14 to 33) makes provision for the reception of persons in Scotland; whilst Part IV (regulation 34) amends other legislation consequential on these Regulations.