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Mental Health (Care and Treatment) (Scotland) Act 2003

Part 23: General

646.Section 325 makes provision for regulations to prescribe forms for documents to be prepared under the 2003 Act and to set out the circumstances under which such forms should be used.

647.Section 326 makes general provision about the making of orders, regulations and rules under the Act.

648.Section 327 makes general provision about directions given under the Act.

649.Section 328 provides a definition of the term “mental disorder”. Subsection (2) of that section provides for a list of characteristics or conditions by reason of which alone a person is not mentally disordered.

650.Section 329 gives definitions for expressions used in the Act

651.Section 330 confers power on the Scottish Ministers to make supplementary, incidental or consequential provisions to ensure the 2003 Act functions effectively.

652.Section 331 introduces schedules 4 and 5. It brings the minor and consequential amendments to other legislation made by the 2003 Act into effect. These amendments are to be found in schedule 4. It also gives effect to the repeals and revocations of provisions in other legislation contained in schedule 5.

653.Section 332 brings into effect transitory amendments to the 1984 Act (these are set out in schedule 6). It also confers power on the Scottish Ministers to make transitory, transitional and savings provision in connection with the coming into force of the 2003 Act.

654.Section 333 provides the short title of the 2003 Act and makes provision about commencement.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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