Legislation – Coronavirus Act 2020
SCHEDULE 9Mental health: Scotland
PART 1Introductory provision etc
Interpretation
1
(1)
References in Part 2 of this Schedule to sections and schedules are to sections and schedules of the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the 2003 Act”).
(2)
Expressions used in Part 2 of this Schedule and in the 2003 Act have the same meaning as in that Act.
(3)
References in Part 3 of this Schedule to sections are to sections of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”).
(4)
Expressions used in Part 3 of this Schedule and in the 1995 Act have the same meaning as in that Act.
Forms
2
Where any form prescribed for use in connection with a provision of the 2003 Act or the 1995 Act is inconsistent with a modification made by Part 2 or (as the case may be) Part 3 of this Schedule, the form—
(a)
may, in connection with the provision as so modified, be used with appropriate amendments;
(b)
is otherwise, for use in that connection, to be read with such amendments as are necessary to reflect the modification.
PART 2Modifications of the Mental Health (Care and Treatment) (Scotland) Act 2003
Emergency detention
3
Section 36(8)(b) (emergency detention: period for which patient may be detained in hospital) has effect as if for “72 hours” there were substituted “120 hours”.
Short-term detention certificates
4
(1)
An approved medical practitioner may grant a short-term detention certificate in respect of a patient under section 44(1) without consulting a mental health officer if the practitioner considers that compliance with the requirement under that section to consult a mental health officer (and for the mental health officer to consent to the granting of the certificate) is impractical or would involve undesirable delay.
(2)
(3)
Despite section 44(1)(b), an approved medical practitioner may grant one further short-term detention certificate (the “second certificate”) in respect of the patient under section 44(1).
(4)
The second certificate may be granted before or on the expiry of the first certificate.
(5)
If the second certificate is granted before the expiry of the first certificate, the first certificate expires on the granting of the second certificate.
(6)
If the approved medical practitioner grants a second certificate, the practitioner must record the reasons why it has been impracticable to apply instead for a compulsory treatment order.
(7)
Compulsory treatment orders
5
(1)
An application by a mental health officer under section 63 may be founded on a mental health report from a single approved medical practitioner (who may be the practitioner making the application) if the approved medical practitioner considers that compliance with the requirement under that section for mental health reports from two medical practitioners is impractical or would involve undesirable delay.
(2)
A single mental health report must otherwise comply with the requirements of section 57.
Transfer for treatment directions
6
A transfer for treatment direction may be made under section 136(2) if the Scottish Ministers—
(a)
are satisfied that complying with the requirement under that section for reports from two medical practitioners is impractical or would involve undesirable delay, and
(b)
are satisfied of the matters mentioned in subsections (3) and (4) of that section by a report from a single approved medical practitioner,
and any other conditions for the exercise of the power are met.
Nurse’s power to detain pending medical examination
7
Section 299(2) (nurse’s power to detain pending medical examination) has effect as if for “3 hours” there were substituted “6 hours”.
Admission to hospital
8
Section 136(3) and (6) have effect as if references to admitting a person to hospital within the period of 7 days were references to doing so within that period or as soon as practicable after the end of that period.
Suspension of requirements to review orders and directions authorising detention
9
(1)
The provisions listed in sub-paragraph (2) are suspended.
(2)
Those provisions are—
(a)
section 77 (first mandatory review of compulsory treatment order);
(b)
section 78 (further mandatory reviews of compulsory treatment order);
(c)
section 139 (first review of compulsion order);
(d)
section 140 (further reviews of compulsion order);
(e)
section 182 (review of compulsion and restriction order);
(f)
section 189 (reference to Tribunal by Scottish Ministers);
(g)
section 206 (review of hospital direction and transfer for treatment direction);
(h)
section 213 (hospital direction and transfer for treatment direction: reference to Tribunal).
Administration of medicine
10
Medicine (as defined in section 240) may be given to a patient without a certificate under section 241(1) if the patient’s responsible medical officer has requested a certificate from a designated medical practitioner but the practitioner has not yet issued a certificate (and a certificate has not been refused).
Constitution of Mental Health Tribunal for Scotland
11
The Tribunal may consist of—
(a)
the President or a single member selected by the President from the panel mentioned in paragraph 1(1)(a) of Schedule 2 (“the convener”), or
(b)
the convener and a member selected by the President from the panel mentioned in paragraph 1(1)(b) or (c) of that Schedule,
if it is impractical to comply with paragraph 7(3) of that Schedule.
PART 3Modifications of the Criminal Procedure (Scotland) Act 1995
Assessment orders: extension
12
Section 52G(4A)(b) (period for which assessment order may be extended: end point) has effect as if for the words “14 days” there were substituted “12 weeks”.
Court orders authorising detention
13
(1)
Any power of a court under a provision listed in sub-paragraph (2) may be exercised if the court—
(a)
is satisfied that complying with the requirement under that provision for the written or oral evidence of two medical practitioners is impractical or would involve undesirable delay, and
(b)
is satisfied on the written or oral evidence of a single approved medical practitioner of the matters of which it would (but for this paragraph) have to be satisfied on the evidence of two practitioners,
and any other conditions for the exercise of the power are met.
(2)
Those provisions are—
(a)
section 52M(2) (treatment order);
(b)
section 53(2) (interim compulsion order);
(c)
section 54(1) (temporary compulsion order);
(d)
section 57A(2), (5) and (6) (compulsion order);
(e)
section 59A(2) (hospital direction);
(f)
section 60C(2) (acquitted persons: detention for medical examination).
Admission to hospital
14
(1)
The provisions listed in sub-paragraph (2) have effect as if references to admitting a person to hospital within the period of 7 days were references to doing so within that period or as soon as practicable after the end of that period.
(2)
Those provisions are—
(a)
section 53(8) (interim compulsion order);
(b)
section 54(2B) (temporary compulsion order);
(c)
section 57A(5) (compulsion order);
(d)
section 59A(4) and (7) (hospital direction).
PART 4Modifications of subordinate legislation
The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005 (SSI 2005/519)
15
If the Tribunal considers that it would be impractical to hold a hearing rule 58 of the Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005 (power of Tribunal to decide case without a hearing) applies as if rule 58(1)(d) to (f), (2)(b) to (e), (3) and (4) were omitted.
The Mental Health (Conflict of Interest) (Scotland) Regulations 2017 (SSI 2017/174)
16
(1)
The Mental Health (Conflict of Interest) (Scotland) Regulations 2017 apply as if the regulations mentioned in sub-paragraph (2) (all of which make provision about circumstances in which there is to be taken to be a conflict of interest for medical practitioners) were omitted.
(2)
Those regulations are—
(a)
regulation 2(b);
(b)
regulation 4(1)(c) and (d), (2) and (3);
(c)
regulation 5(1)(b) and (2).