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This is the original version (as it was originally enacted).
(1)It is a defence to a charge in proceedings under section 46 that A reasonably believed—
(a)that B did not have a mental disorder, or
(b)that A was not a person specified in section 46(2).
(2)It is a defence to a charge in proceedings under section 46—
(a)that B was A’s spouse or civil partner, or
(b)in a case where A was—
(i)a person specified in section 46(2)(a), that immediately before A began to provide care services to B, a sexual relationship existed between A and B,
(ii)a person specified in section 46(2)(b), that immediately before B was admitted to the hospital (or other establishment) referred to in that provision or (where B has been admitted to that establishment more than once) was last admitted to it, such a relationship existed.
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Text created by the Scottish Executive department responsible for the subject matter of the Act 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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