The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Subordinate Legislation) Order 2005

29.—9) The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999(1) is amended as follows.

(1) In Chapter 3 (rules on applications under specific statutes)–

(a) in Part XVI (Adults with Incapacity (Scotland) Act 2000)–

(i) in rule 3.16.1 (interpretation) omit the definition of “the 1984 Act”; and

(ii) after the definition of “the 2000 Act” insert–

“the 2003 Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003;”; and

(iii)

in rule 3.16.5(3) (dispensing with service on adult) for “section 20 of the 1984 Act” substitute “section 22(4) of the 2003 Act”; and

(b)

in Part XXIV (international protection of adults) in rule 3.24, 3(2)(b) (intimation of application) for “section 2 of the Mental Health (Scotland) Act 1984” substitute in rule 3.24, 3(2)(b) “section 4 of the Mental Health (Care and Treatment) (Scotland) Act 2003”.

(1)

S.I. 1999/929, relevant amending instruments are S.S.I. 2001/142 regulation 3 and S.S.I. 2003/556 regulation 2.