The Mental Health (National Secure Adolescent Inpatient Service: Miscellaneous Amendments) (Scotland) Regulations 2023: BRIA

Enforcement, Sanctions and Monitoring

Excessive Security

These regulations do not create any new enforcement or monitoring mechanisms. The scheme provided for in the 2003 Act allows, under section 269 (order under section 268: further provision) for a further Tribunal hearing if a Health Board does not identify a suitable hospital or hospital unit. Ultimately, if the Tribunal’s consideration of the matter for an individual patient has been exhausted and the patient has not been transferred to a suitable hospital or hospital unit then it is open to the Commission under section 272 (proceedings for specific performance of statutory duty) of the 2003 Act to take the matter to court.

Safety and Security

Similarly the 2023 Regulations do not create any new enforcement or monitoring mechanisms. The measures for monitoring are already set out in the 2005 Regulations.