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Mental Health (Care and Treatment) (Scotland) Act 2003
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- 2003 asp 13
- SCHEDULE 3
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- Act applied by S.S.I. 2005/467 reg. 46
- Act applied (with modifications) by S.S.I. 2008/356 reg. 33(1)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 4A and cross-heading inserted by 2010 asp 8 s. 111(3)
- s. 8A inserted by 2010 asp 8 s. 111(5)
- s. 9A inserted by 2010 asp 8 s. 111(6)
- s. 309A inserted by 2007 asp 10 s. 72(1)
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Commencement Orders bringing provisions within this Act into force:
- S.S.I. 2003/316 art. 2 commences (2003 asp 13)
- S.S.I. 2004/153 art. 2 3 Sch. 1 2 commences (2003 asp 13)
- S.S.I. 2004/367 art. 2 3 Sch. 1 2 commences (2002 asp 13)
- S.S.I. 2005/161 art. 2-4 commences (2003 asp 13)
- S.S.I. 2005/375 art. 2 amendment to earlier commencing SSI 2005/161 art. 3
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.S.I. 2005/492 art. 3 Sch. 1-3 commences (2005 asp 13)
- S.S.I. 2005/604 art. 2-4 commences (2004 c. 33)
- S.S.I. 2007/334 art. 2(b) Sch. 2 commences (2007 asp 10)
- S.S.I. 2008/314 art. 2 commences (2007 asp 10)
- S.S.I. 2010/221 art. 3 commences (2010 asp 8)
- S.S.I. 2010/321 art. 3 commences (2010 asp 8)
- S.S.I. 2010/357 art. 2 commences (2009 asp 9)
- S.S.I. 2010/413 art. 2 Sch. commences (2010 asp 13)
- S.S.I. 2011/122 art. 2 3 commences (2010 asp 8)
Prospective
SCHEDULE 3SApplication of Chapter 1 of Part 7 to certain patients
(introduced by section 71)
This schedule has no associated Explanatory Notes
1Section 57(3) of this Act shall have effect as if, for paragraph (e), there were substituted the following—S
“(e)that it will be necessary, immediately after the hospital direction or, as the case may be, transfer for treatment direction to which the patient is subject ceases to have effect, for the patient to be subject to a compulsory treatment order.”.
2(1)Section 64(4)(a)(i) of this Act shall have effect subject to the following—S
(a)where a compulsory treatment order is made in respect of a patient who is subject to—
(i)a hospital direction; or
(ii)a transfer for treatment direction,
that order shall authorise the measures specified in it only if the direction to which the patient is subject ceases, by virtue of section 217(2) of this Act, to have effect before the expiry of the period of 28 days beginning with the day on which the order is made; and
(b)where—
(i)a compulsory treatment order is made in respect of such a patient; and
(ii)the direction to which the patient is subject ceases, by virtue of section 217(2) of this Act, to have effect before the expiry of the period of 28 days mentioned in sub-sub-paragraph (a) above,
the compulsory treatment order shall authorise the measures specified in it for the period of 6 months beginning with the day on which that direction ceases to have effect.
(2)Section 64(5) shall have effect as if, for paragraph (e), there were substituted—
“(e)that it will be necessary, immediately after the hospital direction or, as the case may be, transfer for treatment direction to which the patient is subject ceases to have effect, for the patient to be subject to a compulsory treatment order.”.
3Section 65 of this Act shall not have effect.S
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