The Mental Health (Scotland) Act 2015 (Commencement No. 1, Transitional and Saving Provisions) Order 2015

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Mental Health (Scotland) Act 2015 (Commencement No. 1, Transitional and Saving Provisions) Order 2015 and comes into force on 16th November 2015.

(2) In this Order—

“the 2003 Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003(1);

“the Act” means the Mental Health (Scotland) Act 2015;

“the appointed day” means the day appointed by article 2(1); and

“the Tribunal” means the Mental Health Tribunal for Scotland established under section 21 of the 2003 Act.

Commencement of provisions

2.—(1) 16th November 2015 is the day appointed for the provisions of the Act specified in paragraph (2) to come into force.

(2) The provisions are—

(a) section 14 (requirement for medical report);

(b) section 15 (process for enforcement of orders);

(c) section 16 (orders relating to non-state hospitals); and

(d) section 18 (meaning of hospital in sections 264 to 273 of the 2003 Act).

Transitional provision

3.  The commencement of section 14 of the Act (requirement for medical report) is of no effect in relation to an application to the Tribunal made under section 264(2) of the 2003 Act (detention in conditions of excessive security: state hospitals) before the appointed day.

Saving provisions

4.—(1) Where paragraph (2) applies, section 266 of the 2003 Act (order under section 265: further provision) will continue to have effect in relation to an order made under section 265 of that Act (order under section 264: further provision) on and after the appointed day as it had effect before that day despite its repeal by section 15 of the Act (process for enforcement of orders).

(2) This paragraph applies where the order under section 265 of the 2003 Act was made pursuant to an order made under section 264(2) of that Act in respect of an application which was made to the Tribunal under that section before the appointed day.

5.—(1) Where paragraph 2 applies, the provisions of the 2003 Act specified in paragraph (3) will continue to have effect on and after the appointed day as they had effect immediately before that day despite the amendment of those sections by section 15 of the Act.

(2) This paragraph applies to any order made under section 266 of the 2003 Act before, on or after the appointed day.

(3) The provisions are—

(a) section 267 (orders under sections 264 to 266: recall); and

(b) section 272 (proceedings for specific performance of statutory duty).

Making of an application

6.  For the purposes of articles 3 and 4, an application is to be taken as having been made before the appointed day only where it is received by the Tribunal before that day.

JAMIE HEPBURN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

29th October 2015