Official Report 416KB pdf
10:09
Under agenda item 4, we are considering one instrument.
Proposed Draft Order: The Mental Health (Care and Treatment) (Scotland) Act 2003 Remedial Order 2026 (SG/2026/33)
Does the committee wish to note: that the proposed order appears capable of remedying the incompatibility with convention rights identified in X v Mental Health Tribunal for Scotland; that the proposed order goes beyond addressing the specific incompatibility identified by the court, which concerned recorded matters in the context of compulsion orders, by extending the recorded matters framework to other types of forensic orders, but that this is permitted by the scope of the power in section 12 of the Convention Rights (Compliance) (Scotland) Act 2001; that full technical scrutiny of the instrument will be carried out by the committee when the finalised draft order is laid under the affirmative procedure; and that the incompatibility was identified in October 2022, and that the proposed order is not expected to come into force until November 2026, and draw this to the attention of the lead committee?
Members indicated agreement.
That concludes the public part of the meeting.
10:10
Meeting continued in private until 10:20.