- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Mental Health (England and Wales Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations 2008 No. 356
26.—(1) This regulation applies in respect of a patient who has become treated as if that patient is subject to a compulsory treatment order by virtue of regulation 19.
(2) If having carried out the assessment required by regulation 25(1) the patient’s responsible medical officer is not satisfied that–
(a)the conditions mentioned in regulation 25(4)(a) continue to be met in respect of the patient; or
(b)that it continues to be necessary for the patient to be subject to the order,
the responsible medical officer shall make a determination revoking the order.
(3) A determination under this regulation will be made as soon as practicable after the duty to make it arises.
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