Section G: Bills

New amendments to Bills lodged on 14 May 2015

Air Weapons and Licensing (Scotland) Bill – Stage 2

Section 54

Cameron Buchanan

82 In section 54, page 30, leave out lines 4 and 5

Section 57

Cameron Buchanan

83 In section 57, page 32, line 11, leave out <(3)(c),> and insert <(3)(c)—

( )>

Cameron Buchanan

84 In section 57, page 32, line 12, at end insert—

<( ) for “5” substitute “3”.>

Mental Health (Scotland) Bill – Stage 2

After section 2

Jamie Hepburn

93 After section 2, insert—

<Transfer to another hospital

(1) The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

(2) In section 124 (transfer to other hospital)—

(a) in subsection (1), for the words “by a compulsory treatment order.” there is substituted “by—

(a) a compulsory treatment order, or

(b) an interim compulsory treatment order.”,

(b) in subsection (14), for the words “compulsory treatment order” there is substituted “order in question”.>

Section 9

Dr Richard Simpson

94 In section 9, page 6, line 17, leave out from <(or> to <below)> in line 18

Dr Richard Simpson

95 In section 9, page 6, leave out lines 27 to 39

After section 9

Jamie Hepburn

96 After section 9, insert—

<Transfer from specified unit

(1) The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

(2) After section 124 there is inserted—

124A Transfer to other hospital unit

(1) Subsection (2) below applies where—

(a) the detention of a patient in hospital is authorised by—

(i) a compulsory treatment order, or

(ii) an interim compulsory treatment order, and

(b) that order specifies the hospital unit in which the patient is to be detained.

(2) The managers of the hospital in which the patient is detained may transfer the patient to another hospital unit within the same hospital.

(3) In relation to a transfer or proposed transfer under subsection (2) above, section 124(4) to (14) of this Act applies subject to the following modifications—

(a) a reference to section 124(2) is to be read as a reference to subsection (2) above,

(b) subsection (10)(a) is to be ignored,

(c) in subsection (12), a reference to the hospital from which the patient is transferred is to be read as a reference to the hospital in which the patient is detained,

(d) in subsections (13)(b) and (14), a reference to the hospital to which the patient is transferred is to be read as a reference to the hospital unit to which the patient is transferred.

(4) For the purposes of this section, “hospital unit” means any part of a hospital which is treated as a separate unit.”.>

Section 14

Nanette Milne

97 In section 14, page 10, line 30, leave out <paragraph (c) of>

Nanette Milne

98 In section 14, page 10, line 30, after <subsection (3)> insert <—

(i) in the text following paragraph (b), the words “from leaving hospital” are repealed,

(ii) in paragraph (c)>

Section 16

Dr Richard Simpson

99 Leave out section 16

Section 17

Dr Richard Simpson

100 Leave out section 17

After section 17

Adam Ingram

101 After section 17, insert—

<Safeguards for other medical treatment

Psychotropic substances

(1) The Mental Health (Care and Treatment) (Scotland) Bill is amended as follows.

(2) After section 237, there is inserted—

“237A Psychotropic substances

(1) Medical treatment mentioned in subsection (2) below may be given to a patient who has a mental disorder only in accordance with the requirements set out in subsection (3).

(2) The medical treatment referred to in subsection (1) is treatment by way of psychotropic substances.

(3) The requirements are—

(a) where practicable, the patient has been afforded the opportunity to choose the medical practitioner to administer such treatment;

(b) the patient has been provided with information, as appropriate, about the treatment or range of treatments, as the case may be, as an alternative to treatment by psychotropic substances;

(c) a medical assessment has been carried out to ascertain whether the patient has any underlying medical condition which may contraindicate the use of psychotropic substances.

(4) For the purposes of this section, a psychotropic substance is a substance which is listed in any of Schedules I to IV of the Psychotropic Substances Convention.”.>

Adam Ingram

102 After section 17, insert—

<Code of practice: use of psychotropic substances

Psychotropic substances

(1) The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

(2) After section 274 (code of practice), there is inserted—

<“Code of practice: use of psychotropic substances

(1) The code of practice under section 274 must make provision about the treatment of a patient who has a mental disorder by way of psychotropic substances.

(2) The code of practice must, in particular, make provision regarding—

(a) the desirability of enabling the patient to choose, where practicable, the medical practitioner to administer such treatment;

(b) the need for a medical assessment prior to such treatment to ascertain any underlying medical conditions of the patient that might contraindicate such treatment;

(c) the need for information to be provided to the patient on the treatment options available to the patient as an alternative to the proposed treatment.

(3) For the purposes of this section, a psychotropic substance is a substance which is listed in any of Schedules I to IV of the Psychotropic Substances Convention.”.>

Section 18

Nanette Milne

103 In section 18, page 12, line 18, leave out <in writing> and insert <by any means or in any way>

After section 20

Rhoda Grant

104 After section 20, insert—

<Involvement of carers and relatives

Involvement of carers and relatives

(1) The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

(2) In section 274 (code of practice), after subsection (1) there is inserted—

“(1A) A code of practice drawn up under subsection (1) shall give guidance on the role of carers and relatives, but may not make provision for carers and relatives to have access to a patient’s medical records.”.>

Rhoda Grant

105 After section 20, insert—

< Provision of independent advocacy services if no named person

(1) The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

(2) In section 255 (named person: mental health officer’s duties etc.)—

(a) in subsection (4)(b) after the word “257” there is inserted “or 257B”,

(b) in subsection (7)(b) after the word “257” there is inserted “or 257B”.

(3) In subsection (1)(a) of section 256 (named person: application by patient etc.) after the word “257” there is inserted “or 257B”.

(2) After section 257, there is inserted—

257B Provision of independent advocacy services if no named person

(1) This section applies if—

(a) the Tribunal is satisfied that the person does not have a named person; and

(b) the patient has attained the age of 16 years.

(2) Where an application is made under section 255(4)(b) or (7)(b)(i) or 256 (1)(a) of this Act the Tribunal may make an order appointing a person to provide independent advocacy services to the patient.

(3) The Scottish Ministers may by regulations prescribe the functions under this Act that a person appointed under subsection (2) may provide to a patient.

(4) Regulations under subsection (3) must not, however, provide for the person appointed under subsection (2) to have access to the patient’s medical records.”.>

Section 21

Nanette Milne

106 In section 21, page 14, line 36, leave out <anything> and insert <any advance statement>

Nanette Milne

107 In section 21, page 14, line 38, leave out <thing> and insert <advance statement>

Section 24

Nanette Milne

108 In section 24, page 16, line 29, at end insert—

<( ) in paragraph (f) of subsection (1), after the word “patient” there is inserted “, or the patient’s named person,”.>

After section 27

Adam Ingram

109 After section 27, insert—

<The Commission: statistical information

Information on adverse incidents etc.

(1) The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

(2) After section 19, there is inserted—

“19A Statistical information: further provision

(1) The Commission must make arrangements for the collection of the statistical information mentioned in subsection (2) in respect of patients detained in hospital by virtue of—

(a) this Act; or

(b) the 1995 Act.

(2) That information is the annual number of—

(a) deaths;

(b) suicides;

(c) assaults recorded against a patient;

(d) recorded adverse incidents;

(e) occasions on which restraints have been used in relation to a patient.

(3) The information mentioned in subsection (2) must be broken down by—

(a) age;

(b) gender;

(c) diagnosis;

(d) class of drug prescribed (where appropriate);

(e) Health Board;

(f) such other categories as may be prescribed by regulations.

(4) The Commission must in accordance with directions given to it by the Scottish Ministers, from time to time, and not less than once in every Parliamentary session, lay before the Parliament a report summarising the findings of the information collected under subsection (1) since the laying of the last report.

(5) Subsections (6) and (7) apply where—

(a) the Parliament is dissolved before the period of 12 months has elapsed since the commencement of the session of Parliament, and

(b) as at the date of dissolution a report under subsection (4) has not been published.

(6) The session in which the Parliament is so dissolved is not to be regarded as a session in which a report under subsection (4) is to be published.

(7) A report under subsection (4) must be published in the session of the Parliament which—

(a) next follows the session in which the Parliament is so dissolved, and

(b) is not itself a session in which the Parliament is so dissolved.>

Dr Richard Simpson

110 After section 27, insert—

<Review of deaths in detention or otherwise in hospital for treatment for a mental disorder

Scottish Ministers review of deaths in detention or otherwise in hospital for treatment for a mental disorder

(1) The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

(2) After section 4A, there is inserted—

“Review of deaths in detention or otherwise in hospital for treatment for a mental disorder

4AA Review of deaths in detention or otherwise in hospital for treatment for a mental disorder

(1) The Scottish Ministers must carry out a review of the arrangements for investigating the death of a patient who was—

(a) detained in hospital by virtue of—

(i) this Act;

(ii) the 1995 Act; or

(b) admitted voluntarily to hospital for the purpose receiving treatment for a mental disorder.

(2) The review must be carried out within 2 years of this section coming into force.

(3) In carrying out a review under subsection (1) the Scottish Ministers must consult—

(a) the nearest relative of a patient within the meaning of subsection (1);

(b) such persons as they consider appropriate.

(4) The Scottish Ministers must—

(a) publish a report setting out the findings of the review under subsection (1);

(b) lay a copy of that report before the Parliament;

(c) notify those persons consulted under subsection (3) of the publication of the report”.>

Section 29

Dr Richard Simpson

111 In section 29, page 19, leave out lines 16 to 22

Before section 36

Jamie Hepburn

In substitution for amendment 60

112 Before section 36, insert—

<Specification of unit

(1) The Criminal Procedure (Scotland) Act 1995 is amended as follows.

(2) After section 61 there is inserted—

61B Specification of hospital unit

(1) A reference in this Part to a hospital may be read as a reference to a hospital unit.

(2) In the operation of section 61A of this Act in relation to a transfer from one hospital unit to another within the same hospital—

(a) subsection (2) of that section applies by virtue of subsection (1) of that section where the order in question specifies the hospital unit in which the person is to be detained,

(b) in subsection (5) of that section—

(i) paragraph (b) is to be ignored,

(ii) in paragraph (c)(i), the reference to the managers of the other hospital is to be read as a reference to the managers of the hospital in which the person is detained.

(3) For the purposes of this section, “hospital unit” means any part of a hospital which is treated as a separate unit.”.>

Before section 41

Dr Richard Simpson

113 Before section 41, insert—

<Referral by Tribunal to High Court

(1) The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

(2) After section 195 there is inserted—

“Reference to High Court by Tribunal

195A Tribunal’s powers to make reference to High Court

(1) This section applies where—

(a) a person—

(i) was convicted in the High Court or the sheriff court of an offence punishable by imprisonment (other than an offence the sentence for which is fixed by law); or

(ii) was remitted to the High Court by the sheriff under any enactment for sentence for such an offence;

(b) the person is subject to—

(i) a compulsion order; or

(ii) a compulsion order and a restriction order; and

(c) a determination or order is made under this Act changing the category of the patient’s mental disorder.

(2) If the conditions in subsection (3) apply, the Tribunal may refer the matter to the High Court.

(3) Those conditions are that—

(a) the Tribunal is satisfied that the category of the patient’s mental disorder has changed from that specified at the time at which the court made the compulsion order or compulsion and restriction order, as the case may be;

(b) it appears to the Tribunal that, given the change in category, it is appropriate for the patient to be remitted to the High Court for sentence for the offence for which the person was convicted; and

(c) the Tribunal considers that it is in the interests of justice and consistent with the principles of this Act that such a reference should be made.

(4) In determining whether a reference is in the interests of justice, the Tribunal must have regard to the need for finality and certainty in the determination of criminal proceedings.

(5) In considering whether or not to make a reference, the Tribunal may at any time refer to the High Court for the Court’s opinion on any point on which it desires the Court’s assistance; and on a reference under this subsection the High Court must consider the point referred and provide the Tribunal with its opinion on the point.

(6) A reference under subsection (2) may be made by the Tribunal under this Act—

(a) on the Tribunal’s own initiative;

(b) on application to the Tribunal by;

(i) the patient;

(ii) the responsible medical officer;

(iii) the Commission;

(iv) any other person mentioned in subsection (8).

(7) Before making a reference to the High Court under this section the Tribunal must—

(a) afford the persons mentioned in subsection (8) below the opportunity—

(i) of making representations (whether orally or in writing); and

(ii) of leading, or producing, evidence; and

(b) whether or not such representations are made, hold a hearing.

(8) Those persons are—

(a) the patient;

(b) the patient’s named person;

(c) the patient’s primary carer;

(d) any guardian of the patient;

(e) any welfare attorney of the patient;

(f) any curator ad litem appointed by the Tribunal in respect of the patient;

(g) the Scottish Ministers;

(i) the mental health officer;

(j) any other person appearing to the Tribunal to have an interest.”

(3) The Criminal Procedure (Scotland) Act 1995 is amended as follows.

(4) After section 61 there is inserted—

“Reference by the Tribunal to the High Court

61A Reference by the Tribunal to the High Court

(1) Where the Tribunal makes a reference to the High Court under section 195A of the Mental Health (Care and Treatment) (Scotland) Act 2003, the Tribunal must—

(a) give to the Court a statement of its reasons for making the reference; and

(b) send a copy of the statement to every person who appears to them to be likely to be a party to any proceedings arising from the reference.

(2) The High Court must hear and determine the case, subject to any directions the High Court may make, as if it were an appeal under Part VIII or, as the case may be, Part X of this Act.

61B Further provision on reference

(1) The High Court may reject the reference if the Court considers that it is not in the interests of justice that any proceedings arising from the reference should proceed.

(2) In determining whether or not it is in the interests of justice that any proceedings should proceed, the High Court must have regard to the need for finality and certainty in the determination of criminal proceedings.

(3) On rejecting a reference under this section, the High Court may make such order as it consider necessary or appropriate.

61C Supplementary provision

(1) The Scottish Ministers may by order make such incidental, consequential, transitional or supplementary provisions as may appear to them to be necessary or expedient for the purpose of bring section 61A and 61B into operation.

(2) Regulations under subsection (1) are subject to the affirmative procedure.”.>

Section 44

Dr Richard Simpson

114 In section 44, page 27, leave out line 17 and insert—

<(1) Where—>

Dr Richard Simpson

115 In section 44, page 27, line 24, after <years> insert—

<(e) there are no exceptional circumstances which, in the opinion of the Scottish Ministers, make it inappropriate to do so, the Scottish Ministers must give the information about O described in section 16C to the person mentioned in subsection (1)(c).>

Dr Richard Simpson

116 In section 44, page 27, leave out lines 25 to 33

Section 49

Dr Richard Simpson

117 In section 49, page 32, line 20, at end insert—

<( ) In paragraph (a) of subsection (2) of section 167 (powers of tribunal on application under section 149, 158, 161, 163 or 164) after “measures” there is inserted “, or any recorded matter”.>

Nanette Milne

118 In section 49, page 32, line 38, at end insert—

<( ) In section 320 (appeal to sheriff principal against certain decisions of the Tribunal)—

(a) after paragraph (b) of subsection (5) there is inserted—

“(c) that person’s curator ad litem;”,

(b) after paragraph (b) of subsection (6) there is inserted—

“(c) that person’s curator ad litem;”,

(c) after paragraph (b) of subsection (8) there is inserted—

“(c) that person’s curator ad litem;”,

(d) after paragraph (b) of subsection (9) there is inserted—

“(c) that person’s curator ad litem;”.

( ) In section 322 (appeal to the Court of Session against certain decisions of the Tribunal)—

(a) after paragraph (b) of subsection (3) there is inserted—

“(c) that person’s curator ad litem;”,

(b) after paragraph (b) of subsection (4) there is inserted—

“(c) that person’s curator ad litem;”.>

Before section 50

Nanette Milne

119 Before section 50, insert—

<Interpretation

In section 329 (interpretation) of the 2003 Act, in the definition of “medical practitioner”, after the word “practitioner” where it second appears there is inserted “or practitioner psychologist”.>

Prisoners (Control of Release) (Scotland) Bill – Stage 2

Section 1

Michael Matheson

1 In section 1, page 1, line 8, leave out subsection (2) and insert—

<(2) In section 1—

(a) after subsection (1) there is inserted—

“(1A) Subsections (2) and (2A) apply as follows—

(a) subsection (2) applies in relation to a long-term prisoner who is serving a sentence imposed before the day on which section 1 of the Prisoners (Control of Release) Scotland Act 2015 comes into force,

(b) subsection (2A) applies in relation to a long-term prisoner who is—

(i) serving a sentence imposed on or after the day on which section 1 of the Prisoners (Control of Release) Scotland Act 2015 comes into force, and

(ii) not subject to an extended sentence within the meaning of section 210A of the 1995 Act.

(1B) For the purpose of subsection (1A), a sentence specified on appeal in substitution for a sentence imposed earlier is to be regarded as imposed when the earlier sentence was imposed.”,

(b) after subsection (2) there is inserted—

“(2A) As soon as a long-term prisoner has only 6 months of the prisoner’s sentence left to serve, the Scottish Ministers must release the prisoner on licence unless the prisoner has previously been so released in relation to that sentence under any provision of this Act.”.>

Section 3

Michael Matheson

2 In section 3, page 2, line 17, leave out subsection (3)

Michael Matheson

3 In section 3, page 2, line 17, at end insert—

<( ) An order under subsection (2) bringing section 1 into force may amend section 1(1A) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 Act so that, instead of referring to the day on which section 1 comes into force, it specifies the date on which section 1 actually comes into force.>

Long Title

Michael Matheson

4 In the long title, page 1, line 1, leave out from <end> to <sentences> in line 2 and insert <amend the rules as to automatic early release of long-term prisoners from prison on licence>

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