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

I thank both noble Lords for their contribution to this very brief debate. I say to the noble Duke, the Duke of Montrose, that the legislation comes into force in Scotland on 5 October 2005. Although it was considered some time ago, it comes into force in the next two months. The noble Duke also asked what provision was in place to inform the families of patients—he asked about families, but patients are relevant—about cross-border transfers. Recently, the Scottish Executive laid a Scottish statutory instrument that specified the measures to be adopted for the transfer of patients. I can give the Committee an example of how it should happen and I shall also pass to the noble Duke two more pages that I do not plan to read out about all the rules and regulations surrounding the transfers. The duties of the responsible medical officer are detailed where an application is made to Scottish Ministers for the transfer of a patient. When an application is being proposed to the RMO he should give notice to the patient, the patient’s named person, the patient’s primary carer if a removal is to a place outwith the United Kingdom, any guardian of the patient, any welfare attorney of the patient, and one or two other organisations. It is probably best if I pass this document to the noble Duke. The noble Lord, Lord Maclennan, asked, following a change to Scots law, why there was such a wholesale change to the law of England and Wales. It is not actually a wholesale change. It largely replicates the 1984 Act, simply updating law in England and Wales to reflect the new Scottish Act.