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The Mental Health (Scotland) Act 2015 (Commencement No. 5 and Transitional Provisions) Order 2017

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Victim’s right to information on offender subject to compulsion order: sections 16A to 16C of the 2003 Act

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7.—(1) For the purposes of article 6 of this Order, an order has “ceased to have effect” if—

(a)it is revoked and the revocation is final; or

(b)it ceased to have effect in consequence of O’s death.

(2) For the purposes of paragraph (1), a revocation is final if any of the circumstances mentioned in paragraph (3) apply.

(3) The circumstances are—

(a)the decision to revoke the order has not been appealed against before the expiry of the time allowed to appeal to the Court of Session;

(b)the decision to revoke the order has been appealed against and—

(i)the Court of Session has decided not to allow the appeal; and

(ii)the Court of Session’s decision has not been appealed against to the Supreme Court before the expiry of the time allowed to appeal to the Supreme Court; or

(c)the decision to revoke the order has been appealed against and—

(i)the Court of Session has decided to allow or not to allow the appeal;

(ii)the Court of Session’s decision has been appealed against to the Supreme Court; and

(iii)the Supreme Court has decided not to allow the appeal.

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