Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005

Only one aspect of this order strikes me as a little interesting, which is that it appears that the Act that has given rise to the order has triggered a reconsideration of the transfer of patients from one nation of the United Kingdom to another, across the whole of the United Kingdom. Will it be clear to those transferring patients from Wales to Scotland that they are covered by this legislation? It appears that Scotland has acted as the catalyst for a series of changes that are now being introduced right across the board. For reference purposes, I hope that this is fully understood by those in all parts of the United Kingdom who have to operate the law. It makes sense to have broadly similar provisions, although they do not appear to be identical in England, Wales, Northern Ireland and Scotland. Therefore, it is a little puzzling that the need to provide a framework in Scots law for handling the cross-border transfer of patients should bring about this wholesale change, although I have not said that it is a wholesale change; perhaps I should have added that addendum. The Minister responsible for this in another place, Mr David Cairns, pointed out that the regime will operate essentially in the same way as the present regime.