Search Legislation

The Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Amendment Order 2006

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Scottish Statutory Instruments

2006 No. 221

MENTAL HEALTH

The Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Amendment Order 2006

Made

24th April 2006

Laid before the Scottish Parliament

26th April 2006

Coming into force

22nd May 2006

The Scottish Ministers, in exercise of the powers conferred by section 332 of the Mental Health (Care and Treatment) (Scotland) Act 2003(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Amendment Order 2006 and shall come into force on 22nd May 2006.

Amendment of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Order 2005

2.—(1) The Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Order 2005(2) is amended in accordance with paragraph (2).

(2) In article 34(7), for each reference to “section 66”, substitute “section 63 or 66”.

LEWIS MACDONALD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

24th April 2006

Explanatory Note

(This note is not part of the Order)

This Order amends the Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Order 2005 (“the 2005 Order”).

Article 34(7) of the 2005 Order makes provision for appeal proceedings which have been commenced before 5th October 2005 under section 66 of the Mental Health (Scotland) Act 1984 (“the 1984 Act”).

Article 2(2) of this Order amends article 34(7) of the 2005 Order by extending the scope of that provision so as to include appeal proceedings commenced before 5th October 2005 under section 63 of the 1984 Act.

The effect of this amendment is that, where a restricted patient has, before 5th October 2005 appealed under section 63 of the 1984 Act to order his discharge and the outcome of the appeal is that the patient is conditionally discharged, the patient is treated as if an order had been made under section 193(7)(b) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the 2003 Act”) and any conditions to which the patient was subject at the disposal of the proceedings under section 63 of the 1984 Act are deemed to have been imposed under section 193(7) of the 2003 Act.

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

Opening Options

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

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

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 made 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