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

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Solicitors (Scotland) Act 1980 (c. 46)

9.—(1) The Solicitors (Scotland) Act 1980 is amended as follows.

(2) In section 18 (suspension of practising certificates) in subsection (1)(a)–

(a)for “Mental Health (Scotland) Act 1984” substitute “Mental Health (Care and Treatment) (Scotland) Act 2003”; and

(b)for “admitted to hospital and becomes liable to be detained there” substitute “detained in hospital”.

(3) In section 19 (further provisions relating to suspension of practising certificate), in subsection (5A) for “liable to be detained” substitute “detained in hospital”.

(4) In section 24F (suspension of registration certificates)(1), in subsection (1)(a)–

(a)for “Mental Health (Scotland) Act 1984” substitute “Mental Health (Care and Treatment) (Scotland) Act 2003”; and

(b)for “admitted to a hospital and becomes liable to be detained there or becomes subject to guardianship” substitute “detained in hospital”.

(5) In section 24G (further provisions relating to suspension of registration certificate)(2) for “liable to be detained or subject to guardianship” substitute “detained”.

(1)

Section 24F was inserted by the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000 (S.S.I. 2000/121), regulation 37(1) and Schedule 1, paragraph 1(3).

(2)

Section 24G was inserted by S.S.I. 2000/121.

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