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

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This is the original version (as it was originally enacted).

SCHEDULE 3Application 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—

(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—

(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.

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