Mental Health (Scotland) Act 2015

59 Power to make modifications

(1) The Criminal Justice (Scotland) Act 2003 is amended as follows.

(2) After section 18A there is inserted—

“18B Power to modify Part

(1) The Scottish Ministers may by order amend—

(a) sections 16A and 16B, by substituting for any age for the time being specified in those sections a different age,

(b) section 16C, by adding descriptions of information,

(c) section 18A, by adding, amending or repealing definitions of terms used in the descriptions of information in section 16C.

(2) The Scottish Ministers may by order amend—

(a) section 16A, so that information may be given under that section in some or all cases where a person has been made subject to a compulsion order and either—

(i) the person has not been made subject to a restriction order, or

(ii) the restriction order to which the person was made subject has been revoked,

(b) section 17B, to specify types of decision in respect of which representations under that section may be made by persons who have a right to be given information under section 16A as amended by virtue of paragraph (a).

(3) In an order under subsection (2) which amends section 16A or 17B, the Scottish Ministers may make any amendment to the following enactments which they consider necessary or expedient in consequence of the amendment to section 16A or 17B—

(a) sections 16C, 17E and 18A,

(b) the Mental Health (Care and Treatment) (Scotland) Act 2003.”.

(3) In section 88 (orders), after “16(4)” there is inserted “, 18B”.