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Scottish Statutory Instruments

2015 No. 417 (C. 54)

Mental Health

The Mental Health (Scotland) Act 2015 (Commencement No. 2) Order 2015

Made

8th December 2015

Laid before the Scottish Parliament

9th December 2015

Coming into force

24th December 2015

The Scottish Ministers make the following Order in exercise of the powers conferred by section 61(2) of the Mental Health (Scotland) Act 2015(1).

Citation and commencement

1.  This Order may be cited as the Mental Health (Scotland) Act 2015 (Commencement No. 2) Order 2015 and comes into force on 24th December 2015.

Appointed day

2.  24th December 2015 is the day appointed for section 37 of the Mental Health (Scotland) Act 2015 to come into force.

JAMIE HEPBURN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

8th December 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force section 37 of the Mental Health (Scotland) Act 2015 (“the Act”).

Article 2 provides that the day appointed for that section to come into force is 24th December 2015.

Section 37 introduces a requirement for the Scottish Ministers to carry out a review of the arrangements for investigating the deaths of patients with mental disorder who, at the time of death, were detained in hospital by virtue of the Mental Health (Care and Treatment) (Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995, or were admitted voluntarily to hospital for the purpose of receiving treatment for mental disorder.

The Bill for the Act received Royal Assent on 4th August 2015. Section 17 and Part 4 came into force the following day.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Mental Health (Scotland) Act 2015 have been brought into force by commencement order made before the date of this Order:—

ProvisionDate of CommencementInstrument No.
Sections 14, 15, 16 and 1816th November 20152015/361