Search Legislation

Mental Health (Scotland) Act 2015

 Help about what version

What Version

 Help about opening options

Opening Options

Status:

This is the original version (as it was originally enacted).

40Periods for assessment orders

This section has no associated Explanatory Notes

(1)The Criminal Procedure (Scotland) Act 1995 is amended as follows.

(2)In section 52D (assessment order)—

(a)in subsection (6)—

(i)in paragraph (a), for the words “expiry of the period of” there is substituted “end of the day following the”,

(ii)in each of paragraphs (b) and (c), for the words “period of 28 days beginning with the day on which the order is made” there is substituted “relevant period given by subsection (6A) below”,

(b)after subsection (6) there is inserted—

(6A)For the purpose of subsection (6)(b) and (c) above, the relevant period is the period—

(a)beginning with the day on which the order is made,

(b)expiring at the end of the 28 days following that day..

(3)In section 52F (assessment order: supplementary), in subsection (1), for the words “expiry of the period of” there is substituted “end of the day following the”.

(4)In section 52G (review of assessment order)—

(a)in subsection (1), for the words “expiry of the period of” there is substituted “end of the day following the”,

(b)in subsection (4), for words from “7 days” to the end there is substituted “the relevant period given by subsection (4A) below”,

(c)after subsection (4) there is inserted—

(4A)For the purpose of subsection (4) above, the relevant period is the period—

(a)beginning with the day on which the order would otherwise cease to authorise the detention of the person in hospital,

(b)expiring at the end of the 14 days following that day..

(5)In section 52H (early termination of assessment order)—

(a)in subsection (1)—

(i)in paragraph (a), for the words “period of 7 days beginning with the day on which the order is made” there is substituted “relevant period given by subsection (1A) below”,

(ii)in paragraph (b), for the words “period of 28 days beginning with the day on which the order is made” there is substituted “relevant period given by subsection (1A) below”,

(b)after subsection (1) there is inserted—

(1A)For the purpose of subsection (1)(a) and (b) above, the relevant period is the period—

(a)beginning with the day on which the order is made,

(b)expiring—

(i)as regards subsection (1)(a) above, at the end of the 7 days following the day mentioned in paragraph (a) of this subsection,

(ii)as regards subsection (1)(b) above, at the end of the 28 days following the day mentioned in paragraph (a) of this subsection..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources