SCHEDULE 1PROVISIONS OF THE ACT COMING INTO FORCE ON 30TH JUNE 2007

Article 2(a)

Column (1)

Column (2)

Provision of the Act

Subject matter

Section 71

Compulsory treatment orders and compulsion orders: cross border transfer of patients etc.

Section 72

Cross border visits: leave of absence.

Section 73

Applications to the Mental Health Tribunal for Scotland.

Section 75

Assessment orders: amendment of Criminal Procedure (Scotland) Act 19954.

Section 77(1) in so far as it relates to the provisions of Schedule 1 to the Act mentioned below

Minor and consequential amendments and repeals.

Schedule 1 paragraphs 2 and 6

Minor and consequential amendments relating to the Disabled Persons (Services, Consultation and Representation) Act 19865 and the Mental Health (Care and Treatment) (Scotland) Act 20036.

SCHEDULE 2PROVISIONS OF THE ACT COMING INTO FORCE ON 5TH OCTOBER 2007

Article 2(b)

Column (1)

Column (2)

Provision of the Act

Subject matter

Section 48

Code of Practice.

Section 52

Persons authorised to perform functions under this Part.

Section 53

Interpretation of Part 1.

Section 54

Preliminary.

Section 55

Applications and proceedings: sheriff to consider adult’s wishes and feelings.

Section 56

Orders about incapable adults' nearest relatives.

Section 57, with the exception of sub paragraphs (1)(b)(ii) and (iii), 2(b)(ii) and (iii) and subsections (3) and (7)

Powers of attorney.

Section 59(2) and (3)

Intervention orders.

Section 60(7), (8), (10), (15) and (17)

Guardianship orders.

Section 61

Power to obtain records.

Section 62

Accommodation charges: removal of liability to maintain spouse and child etc.

Section 63

Direct payments: sub-delegation to councils.

Section 65

Adjustments between councils in relation to social services etc.

Section 67

Public Guardian: interaction with courts.

Section 68

Review of determination extending compulsory treatment order.

Section 77(1) and (2) in so far as they relate to the provisions of Schedules 1 and 2 mentioned below

Minor and consequential amendments and repeals.

Schedule 1, paragraphs 1, 3(b), 4 and 5

Minor and consequential amendments relating to the National Assistance Act 19487, the Legal Aid (Scotland) Act 19868, the Criminal Procedure (Scotland) Act 19959 and the 2000 Act.

Schedule 2 in so far as it relates to the National Assistance Act 194810 (with the exception of section 47 of that Act), the Solicitors (Scotland) Act 198011, section 142 of the Mental Health Act 1983, the Law Reform (Parent and Child) (Scotland) Act 198612, the 2000 Act and the Courts Act 200313

Repeals relating to the National Assistance Act 1948, the Solicitors (Scotland) Act 1980, the Mental Health Act 1983, the Law Reform (Parent and Child) (Scotland) Act 1986, the 2000 Act and the Courts Act 2003.