Part 1: Main Provisions Section 10 and Schedules 8, 9, 10 and 11: Temporary modification of mental health and mental capacity legislation Scotland
Schedule 9 contains temporary modifications of the Mental Health (Care and Treatment) (Scotland) Act 2003 (the "2003 Act"), the Criminal Procedure (Scotland) Act 1995 (the "1995 Act") and related subordinate legislation, to provide measures including:
The modification of forms that are used in connection with the 2003 Act and Criminal Procedure (Scotland) Act 1995 or for such forms to be read as if they were so modified.
Extending maximum periods of detention to 120 hours.
Permitting a short term detention certificate ("STDC") to be granted without the need to first consult a mental health officer in certain circumstances and permitting a second STDC to be granted.
Enabling a mental health officer ("MHO") to apply for a Compulsory Treatment Order under section 63 of the 2003 Act founded on only one mental health report, provided the MHO considers that it would be impractical or involve delay to obtain two mental health reports.
Where a serving prisoner is found to be suffering from mental disorder and requires medical treatment, the Scottish Ministers may make a transfer for treatment direction ("TTD") under section 136(2) of the 2003 Act. Paragraph 6 permits that Ministers may be so satisfied on the basis of one report from an Approved Medical Practitioner, where they consider that to obtain two reports would be impractical or involve delay.
Extending the limit on the length of time nurses can detain patients in hospital from 3 to 6 hours.
Allowing for a prisoner to be transferred to hospital by a TTD.
In relation to section 136(3) and (6) of the 2003 Act (which provides that where a prisoner is to be transferred to hospital by a TTD they should be so moved within 7 days of the date the direction was made), providing that the transfer may be made within that period or as soon as practicable after the end of that period.
Enabling reviews of certain orders and directions at certain specified intervals carried out by responsible medical officers (RMO) to be suspended.
Suspending the requirement imposed on the Scottish Ministers in certain circumstances to make a reference to the Tribunal in respect of hospital directions or transfer for treatment directions.
Allowing that, where certain conditions are met, the RMO may administer medication to someone being treated under mental health legislation after the 2 month period laid out in the 2003 Act without the need to seek a second opinion from a designated medical practitioner (DMP) if the RMO has made a request for a DMP visit and it would cause undesirable delay to wait for the DMP’s assessment.
Allowing a Mental Health Tribunal panel to operate with a reduced number of members where it is not practical to proceed with the required three members, as long as one of the members is a legal member or Sheriff Convener.
Allowing the period of extension for assessment orders to be increased at the discretion of the court, from 14 days to 12 weeks.
Enabling detention on the advice of just one medical practitioner (instead of the two required under the 2003 Act), if the court considers that it would be impractical in the circumstances to secure the second recommendation and the court is satisfied that the evidence of the single practitioner is sufficient.
Providing that the conveyance or admittance of accused or convicted persons to hospital may be achieved as soon as is practicable after the end of the prescribed time limits in the 1995 Act.
Allowing the Tribunal to decide a case without a hearing in the circumstance where the patient may have requested oral representations or oral evidence to be heard. In those circumstances, relevant parties could make written submissions to the Tribunal before a decision is reached.
Allowing medical practitioners in Scotland who are not independent (e.g. are in the same hospital, or with a supervisory relationship, or working in an independent hospital where the patient is being treated), to examine a patient for the purposes of the 2003 Act.