Plenary, 19 Mar 2003

Meeting date: Wednesday, March 19, 2003

Official Report 673KB pdf

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Mental Health (Care and Treatment) (Scotland) Bill: Stage 3

Resumed debate.

After section 56

We now resume consideration of amendments. Amendment 115 is grouped with amendment 251.

Amendment 115 will introduce a new section that will apply chapter 1 of part 7 to patients who are subject to hospital directions or transfer for treatment directions in accordance with a new schedule that will be introduced by amendment 251.

I move amendment 115.

As no members have asked to speak, we will move straight to the question.

Amendment 115 agreed to.

Section 56A—Appointment of patient's responsible medical officer

Amendment 347 moved—[Malcolm Chisholm]—and agreed to.

Section 56B—Social circumstances report

Amendment 348 moved—[Malcolm Chisholm]—and agreed to.

Section 56C—Interim compulsory treatment order: responsible medical officer's duty to keep under review

Amendment 349 is grouped with amendments 350 to 356.

Amendments 349 and 350 will bring section 56C, which requires the responsible medical officer to revoke an interim compulsory treatment order where the criteria are no longer met, into line with the wording that is used in section 64A, which makes a similar provision for compulsory treatment orders.

Amendment 351 will remove section 56D, and amendments 352 to 356 will modify section 56F.

Amendment 352 will place a duty on the responsible medical officer to notify certain persons when he makes a determination to revoke an interim compulsory treatment order by replacing provision at section 56D that will have been removed by amendment 351. Amendment 353 will tidy up the drafting of section 56F.

Amendment 354 will require the Mental Welfare Commission for Scotland to provide to certain persons a statement of the reasons for its decision to revoke an interim compulsory treatment order.

Amendment 355 will require that any guardian of the patient and any welfare attorney of the patient be notified of the responsible medical officer's, or the commission's, decision to revoke an interim compulsory treatment order. Amendment 356 will remove the requirement on the commission to notify hospital managers of the decision to revoke an interim compulsory treatment order.

I move amendment 349.

Amendment 349 agreed to.

Amendment 350 moved—[Malcolm Chisholm]—and agreed to.

Section 56D—Revocation under section 56C: notification

Amendment 351 moved—[Malcolm Chisholm]—and agreed to.

Section 56F—Revocation under section 56E: notification

Amendments 352 to 356 moved—[Malcolm Chisholm]—and agreed to.

Section 56G—Effect of subsequent compulsory treatment order on interim compulsory treatment order

Amendment 357 moved—[Malcolm Chisholm]—and agreed to.

Section 57—Appointment of patient's responsible medical officer

Amendment 358 moved—[Malcolm Chisholm]—and agreed to.

Section 58—Care plan: placing in medical records

Amendments 359 and 360 moved—[Malcolm Chisholm]—and agreed to.

Section 59—Mental health officer's duty to prepare social circumstances report

Amendment 361 moved—[Malcolm Chisholm]—and agreed to.

Section 60—First mandatory review

Group 24 concerns mandatory reviews. Amendment 362 is grouped with amendments 363 to 365, 485 and 486.

Amendments 362 and 363 will make minor technical drafting improvements to section 60 and amendment 364 will modify section 60(3A) in recognition of the fact that the care plan will not necessarily include any reference to community care services, relevant services or other treatment, care or service.

Amendment 365 will remove the reference to section 66B from section 61(3)(a) because it is unnecessary, having been specified in subsection (1). Amendment 485 is a minor drafting amendment that will remove some unnecessary text from section 104.

Amendment 486 will bring part 9 of the bill into line with the changes that have been made to part 7. It makes it clearer whom the RMO should consult on a review of the compulsion order.

I move amendment 362.

Amendment 362 agreed to.

Amendments 363 and 364 moved—[Malcolm Chisholm]—and agreed to.

Section 61—Further mandatory reviews

Amendment 365 moved—[Malcolm Chisholm]—and agreed to.

Amendment 366 is grouped with a huge number of amendments, which are: 367 to 384, 387 to 392, 397 to 404, 411 to 426, 490 to 492, 494 to 496, 499 to 510, 512 to 530, 533 to 540, 546 to 560, 562, 563 and 565.

As the Presiding Officer has said, there are quite a few amendments in the group, but I promise to get through them within five minutes. We have lodged amendments to part 7, chapter 2 that will enable the responsible medical officer to carry out more of the duties in respect of mandatory reviews on the same occasion, thereby reducing the burden of those reviews. Amendments 367, 375, 380, 388, 399 and 412 will remove the word "after" from sections 64(2), 63(2), 66(2), 66B(2), 68(2) and 68B(2). Amendment 378 will remove the absolute requirement to consult again the persons who are mentioned in section 60 after having completed the steps in section 63 in relation to the mandatory reviews of a compulsory treatment order. Amendment 381 will remove from section 66(2) the reference to the responsible medical officer consulting under section 63(3)(c).

The remaining amendments to part 7, chapter 2 are primarily technical amendments. Amendments 366, 373, 374, 379, 397, 398 and 426 will clarify that the compulsory treatment order that is being reviewed is the compulsory treatment order to which the patient in question is subject.

Amendment 369 will make it clear that the duty on the responsible medical officer to consider from time to time whether to revoke the compulsory treatment order is without prejudice to the duty to consider from time to time whether to vary the compulsory treatment order.

Amendment 377 will require that, where the responsible medical officer considers that it might be necessary to vary the compulsory treatment order at section 63(3)(b), he will also consider what modifications are required.

Amendments 383, 384, 402, 403, 404, 420, 421 and 424 will remove unnecessary words from various sections in part 7, chapter 2. Amendments 387 and 411 will remove section 66B(1) and section 68B(1), which are no longer necessary. Amendments 414, 417, 419, 422 and 423 will make sections 68B, 72 and 73 more concise. Amendments 389 to 392, 400, 413, 415, 416, 418 and 420 will tidy up the cross-references within part 7, chapter 2.

The remaining amendments concern part 9, chapter 2. We have lodged amendments to part 9, chapter 2 that parallel those to part 7, which will enable the responsible medical officer to carry out his duties in respect of mandatory reviews in a more streamlined fashion. Amendments 496, 501, 508, 513, 521 and 526 will remove the word "after" from sections 105, 105D, 106, 106B, 106D and 106F and amendment 506 will simplify the process of consultation that is required under section 105D. The bill currently requires the RMO to consult the relevant persons twice, under sections 104(2) and 105D(3). Amendment 506 will change section 105D(3)(d) so that the RMO must consider the view that has been expressed by the persons consulted under section 104(2).

Amendments 491, 519 and 550 will harmonise part 9 with part 7, as amended at stage 2. More substantively, amendment 556 will bring section 108 into line with the equivalent part 7 section. It will make it clear that the application to the tribunal following the first review must state whether the mental health officer who was consulted agrees or disagrees that the application should be made or has failed to inform the RMO of their views.

Amendments 562 and 565 will modify section 108F to make it clear that a patient or their named person cannot make more than two applications to the tribunal under that section in the six months after the order is first renewed, or in any subsequent period of 12 months. Any application under section 108E will count as one of the permitted applications. That gives the same effect as under the equivalent section in part 7.

The remaining amendments to part 9, chapter 2 are primarily technical amendments. Amendments 494, 495, 499, 500, 507, 510, 512, 520, 524, 525, 533, 534, 538 and 540 will clarify that the compulsion order that is being reviewed is the compulsion order to which the patient in question is subject.

Amendments 490, 535, 548, 552 and 559 will remove unnecessary words from various sections in part 9, chapter 2. Amendment 547 will remove section 107B(1), which is unnecessary. Amendments 492, 502, 503, 504, 509, 515, 523, 528, 536, 537, 539, 558 and 563 will improve the words that are used in various sections of part 9.

Amendment 505 will make it clear that if, following consideration of whether an order should be varied, the RMO believes that it should be varied, he or she should also consider what modifications to the order would be appropriate.

Amendments 514, 516, 517, 518, 522, 527, 529, 530, 546, 549, 551, 553, 554, 555, 557 and 560 will tidy up the cross-references within part 9, chapter 2.

I am glad to say that I will have completed my speech within five minutes, although I realise that some members will think that it is the best speech that I have ever made in the Scottish Parliament.

I move amendment 366.

We are able to go straight to the question, which seems to be so unfair.

Amendment 366 agreed to.

Amendments 367 to 392 moved—[Malcolm Chisholm]—and agreed to.

We come now to group 26, on the period for which a compulsory treatment or compulsion order may be extended. Amendment 393 is grouped with amendments 394, 405 to 408, 511, 531 and 542 to 544.

Amendment 393 removes an unnecessary "and" from section 66B(4). Amendments 394 and 408 improve the drafting of sections 66B(4)(b)(ii) and 68B(4)(b)(ii), respectively. Amendment 405 makes a necessary consequential change to section 68(4) that results from amendment at stage 2. The reference to subsection (2)(a) should be to subsection (2A). Amendments 406 and 407 remove unnecessary linking words from section 68(4). Amendment 511 is a minor amendment to improve the drafting of section 106(2). Amendment 531 is a minor amendment to improve the drafting of section 106F(4)(b). Amendment 542 is a minor amendment to improve the drafting of section 107(4)(a).

Amendment 543 makes it clear that the period for which an order will be extended at a further review is the 12 months that follow on from a previous period of extension. Amendment 544 is a technical amendment that deletes section 107(5). Subsection (5) applied the notification requirements of section 69 to applications for an extension and variation of the compulsion order made under section 107, but the subsection is no longer required because section 107C deals with the notification requirements.

I move amendment 393.

Amendment 393 agreed to.

Amendment 394 moved—[Mrs Mary Mulligan]—and agreed to.

Section 67—Determination extending order: notification etc

Amendment 395 is grouped with amendments 396 and 532.

Amendment 395 makes a drafting improvement to section 67(1). Amendment 396 improves the drafting of section 67(3). That subsection enables the responsible medical officer to withhold a copy of the record of the determination that extends a compulsory treatment order from the patient if he considers that there

"would be a risk of significant harm to the patient, or to others"

if he did not do so. The drafting now reflects the power's conditional nature. Amendment 532 will have the same effect for section 106F in part 9.

I move amendment 395.

Will the patient or the patient's representative have any right of appeal against the withholding of the information?

An immediate appeal is not available, but reasons for the decision could be discussed. I stress that the information would be withheld only if it put the patient or somebody else at risk, so I think that the decision would be agreed with.

Amendment 395 agreed to.

Amendment 396 moved—[Mrs Mary Mulligan]—and agreed to.

Section 68—Responsible medical officer's duty where extension of order appears appropriate

Amendments 397 to 408 moved—[Mrs Mary Mulligan]—and agreed to.

Section 68A—Mental health officer's duties: extension and variation of order

Amendments 409 and 410 moved—[Mrs Mary Mulligan]—and agreed to.

Section 68B—Responsible medical officer's duty to apply for extension and variation of order

Amendments 411 to 420 moved—[Mrs Mary Mulligan]—and agreed to.

Section 71—Responsible medical officer's duties: variation of order

Amendment 421 moved—[Mrs Mary Mulligan]—and agreed to.

Section 72—Application by responsible medical officer for variation of order: notification

Amendment 422 moved—[Mrs Mary Mulligan]—and agreed to.

Section 73—Application by responsible medical officer to Tribunal

Amendment 423 moved—[Mrs Mary Mulligan]—and agreed to.

Section 73A—Recorded matters: reference to Tribunal by responsible medical officer

Amendment 424 moved—[Mrs Mary Mulligan]—and agreed to.

Section 75—Application by patient etc for revocation of determination extending order

Amendment 425 moved—[Mrs Mary Mulligan]—and agreed to.

Section 76—Application by patient etc for revocation or variation of compulsory treatment order

Amendment 426 moved—[Mrs Mary Mulligan]—and agreed to.

Section 78—Extension of order pending decision of Tribunal

Group 28 is on the interim extension or variation of a compulsory treatment order. Amendment 427 is grouped with amendments 428 to 430, 432 to 434, 568 to 571 and 573.

Amendment 427 will remove section 78, which provided the tribunal with the power to make an order that extends a compulsory treatment order when it could not determine an application for extension and variation before the order's expiry.

Amendment 428 will introduce a new section to replace section 78 and give the tribunal the power to grant an interim order that extends, or extends and varies, a compulsory treatment order following an application under section 70 by the responsible medical officer for extension and variation. The tribunal may make such an order when it considers that it will be unable to determine the application before the compulsory treatment order expires and that making such an order is appropriate. An interim order under the new section may not last more than 28 days, but several may be granted consecutively. Amendment 433 provides for the tribunal to specify the modifications that it has made as a result of an interim order that was granted under the new section.

Amendment 429 will introduce a new section that gives the tribunal the power to grant an interim order that varies the compulsory treatment order for a period of up to 28 days at any time when the tribunal is considering the compulsory treatment order. The tribunal is likely to use that power when it is not satisfied about an aspect of a compulsory treatment order but is satisfied that compulsory measures are necessary. It will give the tribunal the opportunity to monitor the patient's case closely. An interim order under the new section may not last more than 28 days, but several may be granted consecutively. Amendment 432 will add the new section to the list in section 80 of sections in whose orders the tribunal must specify the modifications that it has made as a result of variation.

Amendment 430 will introduce a new section to limit the tribunal's power to make interim orders under the sections that amendments 428 and 429 will add, so that interim orders under either new section or both may not run consecutively for more than 56 days.

Amendment 434 will introduce a new section that makes it clear that the granting of an interim order to extend and vary a compulsory treatment order does not affect the anniversaries for renewal of that order on subsequent occasions.

Amendments 569, 570 and 571 will bring part 9 into line with part 7 and allow the tribunal to make an interim order for up to 28 days if it considers that it is unable to determine an application before the compulsion order would cease to have effect. Amendment 571 will ensure that the maximum time that is allowed for any number of extensions is 56 days.

Amendment 568 will delete section 110C, as it is no longer required following the inclusion of interim extensions as provided for by amendments 569, 570 and 571.

Amendment 573 provides that if the tribunal has extended an order under the section added by amendment 569, the time spent on that order will not be taken into account in the calculation of the anniversaries for renewal of a compulsion order.

I move amendment 427.

Again, I have a brief question. I note the new section that is being inserted after section 79A instead of section 78. The minister has stated that interim orders may be repeated. One of the problems with compulsory detention orders under previous legislation was that they were used repeatedly. Will she assure me that the use of orders will be monitored and reviewed so that repeated interim orders are not used as a general method for extending orders?

I assure the member that they will be reviewed and I am sure that the tribunal will take into account that repeated orders should not be granted without reasonable cause. I believe that there will be further reference to that in the bill.

Amendment 427 agreed to.

After section 79A

Amendments 428 to 430 moved—[Mrs Mary Mulligan]—and agreed to.

Section 80—Tribunal's powers etc when varying compulsory treatment order

Amendments 431 to 433 moved—[Mrs Mary Mulligan]—and agreed to.

After section 81

Amendment 434 moved—[Mrs Mary Mulligan]—and agreed to.

Section 81A—Variation: appointment of responsible medical officer

Amendment 435 moved—[Mrs Mary Mulligan]—and agreed to.

Section 84—Failure to attend for medical treatment

Amendment 436 is grouped with amendments 116 to 129 and amendment 131.

Amendment 436 changes the reference in section 84(1) to section 54(1)(c), following the restructuring of section 54 at stage 2.

Amendment 131 clarifies provision at section 86 for detention following breach by splitting the section into two sections so that breach of compulsory treatment orders and breach of interim compulsory treatment orders are dealt with separately.

Amendments 116 to 122 complete the new section dealing with breach of a compulsory treatment order. Amendments 116 to 120 are technical amendments that will clarify the drafting of section 86(1), so that it sets out more clearly the steps that must be followed before the granting of a detention certificate. Amendments 121 and 122 reproduce provision lost to the section dealing with interim compulsory treatment orders.

Amendments 123 to 129 complete the new section dealing with breach of an interim compulsory treatment order. In particular, amendments 125 and 127 clarify that a certificate authorising detention following breach of an interim compulsory treatment order may be granted before the expiry of the 72-hour period of detention authorised by section 85(5A).

I move amendment 436.

Amendment 436 agreed to.

Amendment 437 moved—[Mrs Mary Mulligan]—and agreed to.

Section 85—Non-compliance generally with order

Amendments 438 to 440 moved—[Mrs Mary Mulligan]—and agreed to.

Section 86—Short-term detention following examination under section 85(6)

Amendments 116 to 129 moved—[Mrs Mary Mulligan]—and agreed to.

Amendment 130 is grouped with amendments 132 and 136.

Amendment 130 will remove subsections (4) to (8) of section 86. Subsection (4), which required the certificate to be signed by the responsible medical officer, is no longer necessary given provision at amendment 122 for breach of a compulsory treatment order and amendment 129 for breach of an interim compulsory treatment order. Subsections (5) to (7) are unnecessary, following amendment at stage 2 and the insertion of subsection (2C), which requires mental health officer consent for detention under section 86. Subsection (8) is no longer necessary, as provision for the notification of detention following breach is made in a new section introduced by amendment 132.

Amendments 132 and 136 seek to insert two new sections requiring certain persons to be notified of the granting and revocation of a detention certificate following breach of a compulsory treatment order or interim compulsory treatment order. Those persons are the patient, the patient's named person, any guardian of the patient and any welfare attorney of the patient. The mental health tribunal and the Mental Welfare Commission must be informed within seven days.

I move amendment 130.

Amendment 130 agreed to.

Amendment 131 moved—[Mrs Mary Mulligan]—and agreed to.

After section 86

Amendment 132 moved—[Mrs Mary Mulligan]—and agreed to.

Section 86A—Application for variation of compulsory treatment order

Amendment 133 is grouped with amendments 134, 135 and 137 to 139.

Amendments 133, 138 and 139 delete sections 86A, 86B and 86C from the bill. Section 86A is no longer necessary as the link between detention following breach and an application for variation of the order has been made explicit in section 86(1) by amendment 117. Section 86B has been superseded by the two new sections introduced by amendments 134 and 135, which place a duty on the responsible medical officer to revoke the detention certificates when certain conditions are met.

Amendment 137 inserts a new section into the bill, which replaces section 86C, and deals with the patient and the patient's named person's right to apply to the tribunal for revocation of a detention certificate following breach. Amendment 137 clarifies the application procedure, following the splitting of section 86 into two sections to deal with compulsory treatment orders and interim compulsory treatment orders separately.

I move amendment 133.

Amendment 133 agreed to.

After section 86A

Amendments 134 to 137 moved—[Malcolm Chisholm]—and agreed to.

Section 86B—Certificate under section 86(2) or (2B): responsible medical officer's duty to review

Amendment 138 moved—[Malcolm Chisholm]—and agreed to.

Section 86C—Certificate under section 86(2) or (2B): patient's right to apply to Tribunal

Amendment 139 moved—[Malcolm Chisholm]—and agreed to.

After section 86C

Amendments 140 to 142 moved—[Malcolm Chisholm]—and agreed to.

Section 88—Transfer to hospital other than state hospital: appeal to Tribunal

Amendment 35 is grouped with amendment 36.

Amendment 35 removes section 88(1)(b) and amendment 36 removes section 89(1)(b). Those provisions qualified the appeal right of a patient who was being transferred, so that the patient could not appeal if the hospital was one specified in the compulsory treatment order. Those provisions are redundant, as it is not competent to specify a transfer in a compulsory treatment order as one of the compulsory measures. Therefore, the patient may appeal against any transfer to any hospital.

I move amendment 35.

Amendment 35 agreed to.

Section 89—Transfer to state hospital: appeal to Tribunal

Amendment 36 moved—[Malcolm Chisholm]—and agreed to.

Section 89A—Transfers: appointment of responsible medical officer

Amendment 441 moved—[Malcolm Chisholm]—and agreed to.

Section 90—Suspension of measure authorising detention

Amendments 37 to 46 moved—[Malcolm Chisholm]—and agreed to.

Section 90A—Suspension of other measures

Amendments 47 to 50 moved—[Malcolm Chisholm]—and agreed to.

Section 91—Certificates under sections 90 and 90A: revocation

Amendments 51 to 55 moved—[Malcolm Chisholm]—and agreed to.

Section 92—Mentally disordered persons subject to criminal proceedings: assessment and treatment

Amendment 442 is grouped with amendments 443 to 445, 449 to 452, 454 to 456, 458 to 461 and 464 to 467. This group of amendments deals with the application for or making ex proprio motu of assessment orders. I am sorry, minister, but I cannot explain that further—I am not even sure that I pronounced it properly.

Amendments 442, 443, 449, 450, 458, 459, 464 and 465 change the structure of the relevant sections to make it clear that ministers can apply to the court for an assessment or treatment order if a person is in custody, has been charged with an offence, has yet to be sentenced and appears to have a mental disorder.

Amendments 444 and 460 amend subsection (4A) of new sections 52B and 52K respectively of the Criminal Procedure (Scotland) Act 1995. They ensure that ministers must inform the prosecutor that they are applying for an assessment or treatment order if the prosecutor still has a role to play in the proceedings—that is, if the relevant disposal set out in new section 52A(3) of the 1995 act has not been made.

Amendment 445 is consequential on amendment 444 and amendment 461 is consequential on amendment 460. As the term "relevant disposal" has been introduced into sections 52B and 52K of the 1995 act, it requires definition. The amendments do that by referring back to the definition given in section 52A.

Amendments 451 and 466 make it clear that the court can make an assessment order under section 52D or a treatment order under section 52M only if it would have made one under section 52C or 52L following an application by the prosecutor or the Scottish ministers.

Amendments 452 and 467 clarify that an assessment order that has been made under section 52D or a treatment order that has been made under section 52M would have the same effect as an order made under sections 52C or 52L.

Amendment 455 makes it clear that the court can make a treatment order after reviewing an assessment order under section 52F only if it would have done so under section 52L. Amendment 454 paves the way for amendment 455.

Amendment 456 clarifies that, if a treatment order is made under section 52F, it would have the same effect as if the treatment order had been made under section 52L.

I move amendment 442.

Amendment 442 agreed to.

Amendments 443 to 445 moved—[Malcolm Chisholm]—and agreed to.

Amendment 446 is grouped with amendment 462.

Amendments 446 and 462 are minor drafting amendments. They ensure that the court can specify a person to escort the person to hospital once the assessment or treatment order has been made.

I move amendment 446.

Amendment 446 agreed to.

Amendments 143 to 145 moved—[Malcolm Chisholm]—and agreed to.

Amendment 447 is grouped with amendments 463 and 469.

Amendments 447 and 463 delete a subsection from new sections 52C and 52L of the 1995 act as the required references to section 65 of that act are contained within the new section added to the bill by amendment 469.

Amendment 469 inserts a new section concerning the prevention of delay in trials to clarify the position concerning assessment and treatment orders. The effect of the amendment is that the time limits of 40, 80 and 110 days, which are set out in sections 65 and 147 of the 1995 act, apply both to assessment and to treatment orders. That ensures that the making of those orders would not delay the start of the trial and that the Crown must adhere to the same time limits as other persons involved in criminal proceedings.

I move amendment 447.

On a point of clarification, when stage 2 amendments were lodged, I asked Mary Mulligan whether assurances would be built into the bill in respect of the interaction between health service provision and the police so that individuals would not be kept in hospital during the time that they should be at court. She indicated that there would be such an interaction, but the minister has not alluded to that today. I had a constituent who should have been at court, but who was held on assessment for one more week. I seek an assurance that that situation will no longer happen.

I can certainly assure Margaret Jamieson that we are determined that health services and the police will act together. We will ensure that that happens.

Amendment 447 agreed to.

Amendment 146 moved—[Mrs Mary Mulligan]—and agreed to.

Amendment 448 is grouped with amendment 453.

Amendments 448 and 453 add a necessary definition of the term "relevant disposal" to sections 52C and 52E respectively.

I move amendment 448.

Amendment 448 agreed to.

Amendments 449 to 453, 147, 454, 148, 455 to 457, 149, 458 to 462, 150 to 152, 463 to 468, 153, 469 and 470 moved—[Mrs Mary Mulligan]—and agreed to.

Section 93— Mentally disordered offenders: interim compulsion orders

Amendment 154 moved—[Mrs Mary Mulligan]—and agreed to.

Members will have to forgive me, as I have a few pages to turn. We move to group 37 and amendment 155, which is grouped with 162.

Amendments 155 and 162 are technical amendments to clarify that when a court makes an interim compulsion order or a compulsion order, it cannot at the same time make a remand order under section 200 of the Criminal Procedure (Scotland) Act 1995.

I move amendment 155.

Amendment 155 agreed to.

We move to group 38 and amendment 156, which is grouped with amendments 157 and 158.

Amendment 156 makes it clear that, under new section 53C of the 1995 act, the person who deals with reviews and extensions of the interim compulsion order must be the responsible medical officer who has been given responsibility for the patient's case by the managers of the hospital where the patient is detained.

Amendments 157 and 158 are technical amendments. Amendment 157 ensures that, on a review of the order, the court must look at whether it "is"—not whether it "would be"—necessary to extend the interim compulsion order. Amendment 158 removes unnecessary text. There is no need for the bill to say

"for such period as the court thinks fit",

as the period of any extension is dealt with in new section 53C(4) of the 1995 act.

I move amendment 156.

Amendment 156 agreed to.

Amendments 157, 158 and 471 moved—[Mrs Mary Mulligan]—and agreed to.

Section 95—Mentally disordered offenders: compulsion orders

Amendments 159 to 162 and 472 moved—[Mrs Mary Mulligan]—and agreed to.

Amendment 163 is grouped with amendment 473.

Amendment 163 seeks to remove the requirement for the mental health officer to state in his or her report to the court the name and address of the offender's named person. Such a requirement is not necessary as the mental health officer's duty to identify the named person is dealt with under section 103 in part 9 and section 124 in part 10.

Amendment 473 is a minor drafting amendment that seeks to remove an unnecessary reference to new section 57A of the Criminal Procedure (Scotland) Act 1995 in new section 57B(3)(e) of that act, as it is already mentioned earlier, in new section 57B(3)(c) of the 1995 act.

I move amendment 163.

Amendment 163 agreed to.

Amendments 473 and 164 moved—[Mrs Mary Mulligan]—and agreed to.

After section 95

Amendment 76 is in a group on its own.

Amendment 76 seeks to implement a Millan committee recommendation. Where a court acquits a person involved in criminal proceedings, other than by reason of insanity, and is satisfied on the evidence of two doctors that the person meets the compulsion criteria set out in proposed new section 60C(3) of the 1995 act, and it is not practicable for a doctor to examine the patient at that time, the court can order the detention of the person in a place of safety for up to six hours to allow an examination by a doctor. The power is necessary because doctors are not always available during criminal proceedings. If the person in question is allowed to go, necessary early intervention—which is so important in the treatment of mental disorder—cannot take place.

I move amendment 76.

Amendment 76 agreed to.

Section 97—Transfer of prisoners for treatment for mental disorder

Amendment 474 is in a group on its own.

Amendment 474 is a minor technical amendment that makes it clear that the definition of a prisoner

"serving a sentence of imprisonment"

used in section 97 does not include a person subject to an assessment order, a treatment order, an interim compulsion order, a temporary compulsion order, an insanity disposal or a compulsion order.

I move amendment 474.

Amendment 474 agreed to.

Amendment 475 moved—[Malcolm Chisholm]—and agreed to.

Section 99A—Appointment of patient's responsible medical officer

Amendment 165 moved—[Malcolm Chisholm]—and agreed to.

Section 99B—Suspension of measure authorising detention

Amendments 166 to 171 moved—[Malcolm Chisholm]—and agreed to.

Section 99C—Power to terminate suspension of detention

Amendments 172 to 174, 476 and 175 to 178 moved—[Malcolm Chisholm]—and agreed to.

Section 99D—Power of Scottish Ministers to require responsible medical officer to provide information

Amendment 179 is grouped with amendments 189, 195, 649 and 692.

Amendment 692 seeks to consolidate the provisions concerning the Scottish ministers' power to require RMOs to provide information into one section that covers all the relevant orders and directions in parts 8, 10 and 11. The section is necessary to ensure that the Scottish ministers can obtain access to up-to-date information on patients.

Amendments 179, 189, 195 and 649 seek to delete sections that are no longer required if amendment 692 is agreed to.

I move amendment 179.

Amendment 179 agreed to.

Section 99E—Powers of Scottish Ministers in respect of suspension of measure authorising detention

Amendments 180 to 183, 477, 184, 185 and 478 moved—[Malcolm Chisholm]—and agreed to.

Section 99F—Appointment of patient's responsible medical officer

Amendment 186 moved—[Malcolm Chisholm]—and agreed to.

Section 99G—Suspension of measure authorising detention

Amendment 187 moved—[Malcolm Chisholm]—and agreed to.

Section 99H—Power to terminate suspension of detention

Amendment 188 moved—[Malcolm Chisholm]—and agreed to.

Section 99I—Power of Scottish Ministers to require responsible medical officer to provide information

Amendment 189 moved—[Malcolm Chisholm]—and agreed to.

Section 99J—Powers of Scottish Ministers in respect of suspension of measure authorising detention

Amendment 190 moved—[Malcolm Chisholm]—and agreed to.

Section 99K—Appointment of patient's responsible medical officer

Amendment 191 moved—[Malcolm Chisholm]—and agreed to.

Section 99L—Mental health officer's duty to prepare social circumstances report

Amendment 192 moved—[Malcolm Chisholm]—and agreed to.

Section 99M—Suspension of measure authorising detention

Amendment 193 moved—[Malcolm Chisholm]—and agreed to.

Section 99N—Power to terminate suspension of detention

Amendment 194 moved—[Malcolm Chisholm]—and agreed to.

Section 99O—Power of Scottish Ministers to require responsible medical officer to provide information

Amendment 195 moved—[Malcolm Chisholm]—and agreed to.

Section 99P—Power of Scottish Ministers in respect of suspension of measure authorising detention

Amendment 196 moved—[Malcolm Chisholm]—and agreed to.

Section 101—Appointment of patient's responsible medical officer

Amendment 479 moved—[Malcolm Chisholm]—and agreed to.

Section 101A—Part 9 care plan

Amendment 480 is grouped with amendments 484, 487, 488, 561, 575 and 587.

Amendment 480 is a technical amendment to make it clear that section 101A applies once a compulsion order without a restriction order is made in respect of a patient.

Amendments 484, 487, 488, 561 and 575 are minor drafting amendments that insert text to ensure that the relevant sections refer to a relevant compulsion order, as defined by amendment 480.

Amendment 587 corrects an error in section 121B to change the reference to section 101(1) to section 101A(1).

I move amendment 480.

Amendment 480 agreed to.

Amendments 481 and 482 moved—[Malcolm Chisholm]—and agreed to.

Section 102—Mental health officer's duty to prepare social circumstances report

Amendment 483 moved—[Malcolm Chisholm]—and agreed to.

Section 103—Mental health officer's duty to identify named person

Amendment 484 moved—[Malcolm Chisholm]—and agreed to.

Section 104—First review of compulsion order

Amendments 485 to 487 moved—[Malcolm Chisholm]—and agreed to.

Section 112—Further reviews of compulsion order

Amendments 488 to 493 moved—[Malcolm Chisholm]—and agreed to.

Section 105—Responsible medical officer's duty to revoke compulsion order: mandatory reviews

Amendments 494 to 496 moved—[Malcolm Chisholm]—and agreed to.

Section 105A—Revocation of compulsion order: responsible medical officer's duty to keep under review

Amendment 497 is grouped with amendment 498.

Amendment 497 is a minor drafting amendment that corrects a mistake in section 105A(2), in which the reference to section 104(2) should have been to 104(1).

Amendment 498 is a technical amendment to the same subsection, to add in a reference to section 108A(2), which refers to the duty to consider from time to time whether to vary the order.

I move amendment 497.

Amendment 497 agreed to.

Amendment 498 moved—[Malcolm Chisholm]—and agreed to.

Section 105D—Mandatory reviews: further steps to be taken where compulsion order not revoked

Amendments 499 to 506 moved—[Malcolm Chisholm]—and agreed to.

Section 106—First review: responsible medical officer's duty where extension proposed

Amendments 507 to 511 moved—[Malcolm Chisholm]—and agreed to.

Section 106B—First review: responsible medical officer's duty to apply for extension of compulsion order

Amendments 512 to 518 moved—[Malcolm Chisholm]—and agreed to.

Section 106C—Application to Tribunal for extension of order following first review

Amendment 519 moved—[Malcolm Chisholm]—and agreed to.

Section 106D—Further review: responsible medical officer's duty where extension proposed

Amendments 520 to 524 moved—[Malcolm Chisholm]—and agreed to.

Section 106F—Further review: responsible medical officer's duty to extend compulsion order

Amendments 525 to 531 moved—[Malcolm Chisholm]—and agreed to.

Section 106G—Determination extending compulsion order: notification

Amendment 532 moved—[Malcolm Chisholm]—and agreed to.

Section 107—Responsible medical officer's duty where extension and variation proposed

Amendments 533 to 544 moved—[Malcolm Chisholm]—and agreed to.

Section 107A—Mental health officer's duties: extension and variation of compulsion order

Amendments 545 and 546 moved—[Malcolm Chisholm]—and agreed to.

Section 107B—Responsible medical officer's duty to apply for extension and variation of compulsion order

Amendments 547 to 555 moved—[Malcolm Chisholm]—and agreed to.

Section 108—Application to Tribunal for extension and variation of compulsion order

Amendment 556 moved—[Malcolm Chisholm]—and agreed to.

Section 108A—Responsible medical officer's duties: variation of compulsion order

Amendments 557 to 559 moved—[Malcolm Chisholm]—and agreed to.

Section 108B—Application for variation of compulsion order: notification

Amendment 560 moved—[Malcolm Chisholm]—and agreed to.

Section 108D—Commission's power to make reference to Tribunal

Amendment 561 moved—[Malcolm Chisholm]—and agreed to.

Section 108F—Application to Tribunal by patient etc for revocation or variation of compulsion order

Amendments 562 to 565 moved—[Malcolm Chisholm]—and agreed to.

Section 110B—Powers of Tribunal on review under section 110A

Amendment 566 is grouped with amendment 572.

Amendment 566 adds the mental health officer and the patient's RMO to the list of people in section 110B(3) who must be afforded the opportunity to give evidence to the tribunal following a review of a determination under section 110A.

Amendment 572 is a technical drafting amendment to section 110E(3)(a), to remove an unnecessary reference to the specific paragraphs of section 110B(3).

I move amendment 566.

Amendment 566 agreed to.

Amendment 567 moved—[Malcolm Chisholm]—and agreed to.

Section 110C—Extension of compulsion order pending decision of Tribunal

Amendment 568 moved—[Malcolm Chisholm]—and agreed to.

After section 110D

Amendments 569 to 571 moved—[Malcolm Chisholm]—and agreed to.

Section 110E—Powers of Tribunal on reference under section 108D

Amendment 572 moved—[Malcolm Chisholm]—and agreed to.

After section 110G

Amendment 573 moved—[Malcolm Chisholm]—and agreed to.

Section 110H—Variation of compulsion order: appointment of responsible medical officer

Amendment 574 moved—[Malcolm Chisholm]—and agreed to.

Section 119—Meaning of "modify"

Amendment 575 moved—[Malcolm Chisholm]—and agreed to.

Section 120—Non-compliance with compulsion order

Amendment 576 is grouped with amendments 577 to 585.

Amendment 576 is a minor drafting amendment to improve the drafting of section 120. Amendments 577 and 578 are technical amendments to insert the correct references into section 120. Amendment 579 is a technical amendment necessary to ensure that the reference to section 54(1)(b) in section 84 should be read as a reference to new section 57A(7)(c) of the 1995 act when section 120 applies. Amendments 580 to 585 are technical amendments to section 120A to ensure that it refers correctly to other sections of the bill.

I move amendment 576.

Amendment 576 agreed to.

Amendments 577 to 579 moved—[Mrs Mary Mulligan]—and agreed to.

Section 120A—Non-compliance generally with compulsion order: application of sections 85, 86, 86A, 86B and 86C

Amendments 580 to 585 moved—[Mrs Mary Mulligan]—and agreed to.

Section 121A—Suspension of measures: application of sections 90 to 91

Amendment 586 moved—[Mrs Mary Mulligan]—and agreed to.

Section 121B—Interpretation of Part

Amendment 587 moved—[Mrs Mary Mulligan]—and agreed to.

Section 123—Appointment of patient's responsible medical officer

Amendment 588 moved—[Mrs Mary Mulligan]—and agreed to.

Section 123A—Mental health officer's duty to prepare social circumstances report

Amendment 589 moved—[Mrs Mary Mulligan]—and agreed to.

Section 125—Review of compulsion order and restriction order

Group 47 deals with the period in which review of compulsion and restriction orders or hospital and transfer for treatment direction is to be carried out. Amendment 590 is grouped with amendments 591, 624 and 627.

Amendments 590 and 591 simplify the wording in section 125, which specifies the period during which the RMO is required to review the compulsion order and restriction order. The effect remains the same: each year, the RMO must undertake a review, not earlier than two months before the end of the year. Amendments 624 and 627 do the same for directions under part 11.

I move amendment 590.

Amendment 590 agreed to.

Amendment 591 moved—[Mrs Mary Mulligan]—and agreed to.

Section 127—Responsible medical officer's report and recommendation following review of compulsion order and restriction order

Amendment 592 is grouped with amendment 628.

Amendment 592 improves the drafting of section 127(7). It removes the unnecessary reference to the MHO's views, which have already been taken into account in section 127(5).

Amendment 628 brings part 11 into line with the rest of the bill. It adds a new section that places a duty on the patient's RMO to review the direction to which the patient is subject on an on-going basis. If, as a result of such a review, the RMO believes that the direction should be revoked, the RMO must then send a report with a recommendation to that effect to the Scottish ministers.

I move amendment 592.

Amendment 592 agreed to.

Section 128B—Duty of Scottish Ministers to refer to Tribunal if required to do so by Commission

Amendment 593 is grouped with amendments 595 to 598, 600, 630, 631, 633 to 635, 637 and 643.

The amendments in this group clarify the duties of the Scottish ministers with respect to compulsion orders and restriction orders, in part 10, and hospital directions and transfer for treatment directions, in part 11.

Section 128B(3) requires the Scottish ministers to give notice only once a reference to the tribunal in respect of a patient's compulsion order and restriction order has been made. Amendment 593 will require the Scottish ministers to give notice to the relevant people before such a reference is made, where it is practicable to do so. Amendment 598 deals with the same issue in relation to section 129A.

Amendment 595 is a drafting amendment to include an appropriate reference to section 128B(2)—dealing with the Scottish ministers' duty to refer a case to the tribunal if required to do so by the commission—in section 129(1).

Amendment 596 clarifies the working of section 129A(2). It ensures that the Scottish ministers must make a reference to the tribunal two years after the making of the compulsion order and restriction order, if no other reference or application has been made to the tribunal in the intervening two years. It also ensures that, following that reference, the Scottish ministers must, on each anniversary, look back at the previous two years and make another reference to the tribunal if the tribunal has not considered the order in that period. That ensures that the tribunal will consider the order at least once every two years. Amendment 634 does the same for directions in part 11. Amendment 637 is consequential on amendment 634 and removes text that is no longer required.

Amendment 597 makes it clear that a prior reference under section 129A(2) does not come into consideration when determining whether a reference or application has been made in the previous two years that would preclude a reference under section 129A now. Amendment 635 has the same effect for directions in part 11. Amendment 600 is consequential on amendment 596 and removes text that is no longer required.

Amendment 630 updates section 152. It adds appropriate references to the new section that is added by amendment 628 and allows the Scottish ministers the opportunity to revoke the direction if they believe it appropriate to do so before having to make a reference to the tribunal.

Amendment 631 makes it clear that section 102 of the National Health Service (Scotland) Act 1978, which concerns the functions of the state hospital, does not affect a decision of the Scottish ministers under section 152. Amendment 633 is a technical amendment to make it clear that the Scottish ministers are under a duty to review the status of a patient who is subject to a part 11 direction in addition to their duties under other sections, as provided for in the amendment.

Amendment 643 adds to subsection (1) of section 154B a necessary reference to section 152(1A), which was added to the bill by amendment 630. It means that if the Scottish ministers were to revoke a direction under section 152(1A), they would also direct the transfer of the patient to prison and the direction would cease to have effect once the patient had been admitted to prison.

I move amendment 593.

Amendment 593 agreed to.

Amendment 594 is grouped with amendments 599, 601, 632 and 636.

Amendments 594, 599 and 601 are drafting amendments, which will ensure that the relevant sections properly refer to the persons who are listed in section 128(2). Amendments 632 and 636 have the same effect for part 11 and ensure that the relevant part 11 sections properly refer to the persons who are listed in section 152(3).

I move amendment 594.

Amendment 594 agreed to.

Section 129—Duty of Scottish Ministers to keep compulsion order and restriction order under review

Amendment 595 moved—[Malcolm Chisholm]—and agreed to.

Section 129A—Reference to Tribunal by Scottish Ministers

Amendments 596 to 600 moved—[Malcolm Chisholm]—and agreed to.

Section 130—Application by Scottish Ministers: notification

Amendment 601 moved—[Malcolm Chisholm]—and agreed to.

Section 131—Application to Tribunal

Amendment 602 moved—[Malcolm Chisholm]—and agreed to.

Section 132—Application to Tribunal by patient and named person

Amendment 603 is grouped with amendments 604, 605, 621 and 638 to 641.

Amendment 603 improves the drafting of section 132(1), which makes it clear that both the patient and their named person can make applications to the tribunal under section 133 for a review of the compulsion and restriction order. Amendment 638 has the same effect for applications to review directions under section 154 in part 11.

Amendment 604 removes text, with the effect that a patient or their named person cannot make an application to the tribunal under section 132 for three months after any review by the tribunal under section 133. Amendment 605 makes it clear that the three-month time bar on applications under section 132 by the patient or their named person includes cases in which the tribunal has reviewed the compulsion order and restriction order under section 133 but has decided to make no order.

Amendment 621 is a drafting amendment to section 141(1), which makes it clear that both the patient and their named person can appeal to the tribunal under section 141 against the patient's recall from conditional discharge to hospital. Amendment 639 is a minor drafting amendment, which replaces the word "and" with the word "to" as a consequence of amendment 641, which inserts new subsections into section 154.

Amendment 640 is required to make it clear that an application under section 154 cannot be made in the first six months after a hospital direction has been made.

Amendment 641 will allow a patient who is subject to a transfer for treatment direction to make an application under section 154 in the first 12 weeks after the direction has been made. The amendment implements a Millan recommendation that the patient and their named person should be able to appeal against the making of a transfer for treatment direction. If they do not make such an appeal, the patient and their named person cannot then make an application until six months after the making of the direction has elapsed.

I move amendment 603.

Amendment 603 agreed to.

Amendments 604 and 605 moved—[Malcolm Chisholm]—and agreed to.

Section 133—Powers of Tribunal on reference under section 128(2), 128B(2) or 129A(2) or application under section 131 or 132(2)

Amendment 606 is grouped with amendments 607 to 610, 612 and 642.

The amendments deal with the powers of the tribunal under sections 133 in part 10 and 154A in part 11.

Amendment 606 is a drafting amendment to section 133(1)(a) to insert the proper reference to section 132(1). Amendments 607, 608 and 609 are minor drafting amendments that reflect the fact that when the tribunal revokes a compulsion order or restriction order under section 133, it does so by making an order.

Amendment 610 makes it clear that the tribunal can make an order conditionally discharging a patient only where it is not satisfied that it is necessary for the patient to be detained in hospital.

Amendment 612 is a technical amendment that will change the text in section 133 (8) to read "Before making a decision under this section the Tribunal shall—". That reflects the fact that the tribunal may not make any order under section 133—the amendment leaves the status of the patient unchanged.

Amendment 642 brings section 154A in part 11 into line with section 133 in part 10. It ensures that before the tribunal makes any decision under section 154A in relation to patients who are subject to a direction, it must have afforded the persons listed in the new subsection (5B) that is proposed by the amendment the opportunity to make representations or to give evidence to the tribunal on the patient's case.

I move amendment 606.

Amendment 606 agreed to.

Amendments 607 to 610 moved—[Malcolm Chisholm]—and agreed to.

Amendment 611 is grouped with amendments 618 and 619.

Amendment 611 makes it clear that the tribunal can, when it makes an order to conditionally discharge a patient under section 133, impose such conditions on that discharge as it thinks fit. That retains the effect of the Mental Health (Scotland) Act 1984 in relation to restricted patients.

Amendment 618 inserts a new section that allows the Scottish ministers to vary the conditions that are imposed by the tribunal—as provided for by amendment 611—on a patient on conditional discharge. If they do so, they must give notice of the variation to the patient, their named person, the RMO and the MHO.

Should the Scottish ministers vary—under the section that is added by amendment 618—the conditions that are attached to a patient who is currently on conditional discharge, amendment 619 enables the patient and their named person to appeal to the tribunal against any such variation. The patient and the named person have 28 days in which to lodge an appeal.

I move amendment 611.

Amendment 611 agreed to.

Amendment 612 moved—[Mrs Mary Mulligan]—and agreed to.

Section 134—Tribunal's powers etc when varying compulsion order

Amendment 613 moved—[Mrs Mary Mulligan]—and agreed to.

Section 134A—Variation of compulsion order under section 133(5A): appointment of responsible medical officer

Amendment 614 moved—[Mrs Mary Mulligan]—and agreed to.

After section 136

Group 54 is on the effective revocation of compulsion orders or restriction orders. Amendment 615 is grouped with amendment 617.

Amendment 615 makes it clear that, should the tribunal make an order under section 133 to revoke a compulsion order, the restriction order to which the patient is subject would also cease to have effect.

Amendment 617 will provide that, where the tribunal revokes a restriction order under section 133 but does not revoke the underlying compulsion order, part 9 will apply to the patient as if the compulsion order had been made on the date on which the restriction order was revoked.

I move amendment 615.

Amendment 615 agreed to.

Section 137—Effect of revocation of restriction order

Amendments 616 and 617 moved—[Mrs Mary Mulligan]—and agreed to.

After section 138

Amendments 618 and 619 moved—[Mrs Mary Mulligan]—and agreed to.

Section 139—Recall of patients from conditional discharge

Group 55 is on recall from conditional discharge. Amendment 620 is in a group on its own.

Amendment 620 will remove section 139(2)(a), which is unnecessary. Section 139 allows the Scottish ministers to recall to hospital a patient who is on conditional discharge. Section 139(2)(a) required the Scottish ministers to be satisfied that the compulsion criteria in section 125(3) were met before they could do that, but as the Scottish ministers are under an on-going duty under section 129 to keep a patient's case under review—which includes consideration of the section 125(3) criteria—section 139(2)(a) is not necessary. With the deletion of that section, it will be possible to recall a patient from conditional discharge if the Scottish ministers are satisfied that it is necessary for the patient to be detained in hospital. For example, that might be done if the patient's mental state deteriorates so that they require further treatment in hospital, or if the risk that they present to themselves or others is raised to a level at which hospital detention is appropriate.

I move amendment 620.

Amendment 620 agreed to.

Section 141—Appeal to Tribunal against recall from conditional discharge

Amendment 621 moved—[Mrs Mary Mulligan]—and agreed to.

Section 147—Appointment of patient's responsible medical officer

Amendment 622 moved—[Mrs Mary Mulligan]—and agreed to.

Section 148A— Mental health officer's duty to prepare social circumstances report

Amendment 623 moved—[Mrs Mary Mulligan]—and agreed to.

Section 149—Review of hospital direction and transfer for treatment direction

Amendments 624 to 627 moved—[Mrs Mary Mulligan]—and agreed to.

After section 151

Amendment 628 moved—[Mrs Mary Mulligan]—and agreed to.

Section 152—Duty of Scottish Ministers on receiving report from responsible medical officer

Amendments 629 to 631 moved—[Mrs Mary Mulligan]—and agreed to.

Section 152A—Duty of Scottish Ministers to refer to Tribunal if required to do so by Commission

Amendment 632 moved—[Mrs Mary Mulligan]—and agreed to.

Section 153—Duty of Scottish Ministers to keep directions under review

Amendment 633 moved—[Mrs Mary Mulligan]—and agreed to.

Section 153A—Reference to Tribunal by Scottish Ministers

Amendments 634 to 637 moved—[Mrs Mary Mulligan]—and agreed to.

Section 154—Application to Tribunal by patient and named person

Amendments 638 to 641 moved—[Mrs Mary Mulligan]—and agreed to.

Section 154A—Powers of Tribunal on reference under section 152(2), 152A(2) or 153A(2) or on application under section 154(1)

Amendment 642 moved—[Mrs Mary Mulligan]—and agreed to.

Section 154B—Effect of revocation of direction

Amendment 643 moved—[Mrs Mary Mulligan]—and agreed to.

Section 155—Termination of hospital direction on release of offender patient

Amendment 644 moved—[Mrs Mary Mulligan]—and agreed to.

Group 56 is on the effective release of a patient on direction. Amendment 645 is in a group on its own.

Amendment 645 is a technical amendment that will insert the phrase "or otherwise" into section 155. Under section 155, if the underlying prison sentence of a patient who is subject to a hospital direction or transfer for treatment direction comes to an end, or if the person is otherwise released from that prison sentence, the direction will also cease to have effect at that point. If the patient is to remain detained in hospital, they would have to be detained under the civil provisions in parts 5 to 7. Amendment 645 will ensure that the provision catches all patients who might be released.

I move amendment 645.

Amendment 645 agreed to.

Section 160C—Appointment of responsible medical officer on transfer of patient under section 156, 160A or 160B

Amendment 646 moved—[Mrs Mary Mulligan]—and agreed to.

Section 160D—Patients subject to certain orders or directions: suspension of measure authorising detention

Amendments 197 to 203 moved—[Mrs Mary Mulligan]—and agreed to.

Section 160E—Power to terminate suspension of detention under section 160D

Amendments 204 to 207, 647, 208 and 209 moved—[Mrs Mary Mulligan]—and agreed to.

Section 160F—Power of Scottish Ministers in respect of suspension of measure authorising detention under section 160D

Amendments 210 to 213, 648, 214 and 215 moved—[Mrs Mary Mulligan]—and agreed to.

Section 160G—Power of Scottish Ministers to require responsible medical officer to provide information

Amendment 649 moved—[Mrs Mary Mulligan]—and agreed to.

Section 49—Assessment of needs for community care services etc

Amendment 113 moved—[Mrs Mary Mulligan]—and agreed to.

After section 160H

Amendments 650 to 653 moved—[Mrs Mary Mulligan]—and agreed to.

Section 164—Treatment mentioned in section 162(2): patients incapable of consenting

Group 57 is on the designation of medical practitioners. Amendment 654 is grouped with amendments 658 and 661.

Amendments 654, 658 and 661 correct an incorrect cross-reference to the appropriate subsection in section 161, which provides for the list of commission-appointed second-opinion doctors.

I move amendment 654.

Amendment 654 agreed to.

We are some three hours ahead of schedule, and I would be willing to accept a motion without notice to bring forward decision time.

May I move a motion without notice to bring forward decision time to now, given the fact that we are making faster-than-anticipated progress through the bill?

I will be happy to put that question to the chamber as soon as you have moved the Parliamentary Bureau motions.