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Mental Health (Scotland) Act 1984 is up to date with all changes known to be in force on or before 30 April 2024. There are changes that may be brought into force at a future date.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.
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Part V Admission to and Detention in Hospital and GuardianshipPrevious MatchNext Match
Care and treatment of patients: hospitalPrevious MatchNext Match
Duration of authority for detention and discharge of patients: hospitalPrevious MatchNext Match
31. Special provisions as to patients absent without leave: hospital.
31A.Patients who are taken into custody or return within 28 days: hospital.
31B.Patients who are taken into custody or return after more than 28 days: hospital.
32. Special provisions as to patients sentenced to imprisonment etc.: hospital.Previous MatchNext Match
34. Restrictions on discharge by nearest relative: hospital.
Duration of authority for guardianship and discharge of patients
48. Special provisions as to patients absent without leave: guardianship.
48A.Patients who are taken into custody or return within 28 days: guardianship.
48B.Patients who are taken into custody or return after more than 28 days: guardianship.
49. Special provisions as to patients sentenced to imprisonment, : guardianship.
51. Restrictions on discharge by nearest relative: guardianship.
64. Right of appeal of patients subject to restriction orders.
65. Right of appeal of patients subject to restriction directions.
66. Further consideration of case of conditionally discharged patient.
66A. Appeal to Court of Session against sheriff’s decisions under sections 64, 65 and 66
67. Application of sections 63 to 66 to other persons treated as restricted patients.
68. Powers of Secretary of State in respect of patients subject to restriction orders.
69. Persons ordered to be kept in custody during Her Majesty’s pleasure.
Transfer to hospital or guardianship of prisoners et ceteralaetc.
70. Removal to hospital of persons in prison awaiting trial etc.
71. Removal to hospital of persons serving sentences of imprisonment and other prisoners.
71A. Further provision as to persons removed to hospital under section 71.
72. Restriction on discharge of prisoners removed to hospital.
73. Further provisions as to persons removed to hospital while awaiting trial etc.
74.Further provision as to transfer directions and restriction directions.
75. Further provisions as to civil prisoners and persons detained under the Immigration Act 1971.
Part VII Removal and Return of Patients within United Kingdom etc.Previous MatchNext Match
Removal to and from Northern IrelandPrevious MatchNext Match
80. Removal of patients to Northern Ireland.Previous MatchNext Match
80A. Transfer of responsibility for patients to Northern Ireland.Previous MatchNext Match
81. Removal to Scotland of patients from Northern Ireland.Previous MatchNext Match
81A. Transfer of responsibility for patients to Scotland from Northern Ireland.Previous MatchNext Match
Return of patients absent without leavePrevious MatchNext Match
Part IX Protection of Property of PatientsPrevious MatchNext Match
Part XI Miscellaneous and GeneralPrevious MatchNext Match
110. Duty to give information to patients and nearest relatives.
111. Duty of managers to inform nearest relative of discharge of detained patients.
113. Duty of sheriff to give patient opportunity to be heard.
114. Provision for personal expenses of in-patients in hospital.
117. Entry on premises and warrant to search for and remove patients.
SupplementaryPrevious MatchNext Match
120. Provisions as to custody, conveyance and detention.Previous MatchNext Match
121. Retaking of patients escaping from custody.Previous MatchNext Match
121A. Warrants for arrest of escaped mental patients.Previous MatchNext Match
122. Protection for acts done in pursuance of this Act.Previous MatchNext Match
127. Consequential and transitional provisions and repeals.Previous MatchNext Match
SCHEDULES
SCHEDULE 2Previous MatchNext Match
Application of Provisions of Part V to Patients Subject to Hospital or Guardianship OrdersPrevious MatchNext Match
Part I Hospital Order Without Restriction Order (Section 60(1)); Transfer From Prison Without Restriction (Section 71).Previous MatchNext Match
1.Sections 27, 31, to 31B,32, 35A, 53, 54, 55, 56...Previous MatchNext Match
2.Sections 22, 28, 29, 30, 33, 35, 35B, 57 and...Previous MatchNext Match
3.In section 22— (a) subsection (1) shall be omitted; and...Previous MatchNext Match
4.In section 28 subsection (4) shall be omitted. Previous MatchNext Match
5.In section 29(3) for the words from “as follows” to...Previous MatchNext Match
6.In section 30— (a) in subsection (1), for the words...Previous MatchNext Match
8.In section 35(1)— (a) the words “any of sections 26,...Previous MatchNext Match
8A.In section 35B(1) for the words “an application for admission”...Previous MatchNext Match
9.In section 57(4) for paragraphs (a) and (b) there shall...Previous MatchNext Match
10.In section 59 subsections (1)(b) ,(2) and (4)shall be omitted....
Part II Hospital Order with Restriction Order, (Section 62) and Orders or Directions having the Like Effect (Sections 69, 70 and 72).Previous MatchNext Match
1.Sections 53, 54, 56 and 58 shall apply in relation...Previous MatchNext Match
2.Section 22, 27, 28, 29, 55, 57 and 59 shall...Previous MatchNext Match
3.In section 22— (a) subsection (1) shall be omitted; Previous MatchNext Match
5.In section 28 subsections (3) and (4) shall be omitted....Previous MatchNext Match
7.In section 55 subsection (3) shall be omitted. Previous MatchNext Match
8.In section 57(4) for paragraphs (a) and (b) there shall...Previous MatchNext Match
9.In section 59, subsections (1)(b) ,(2) and (4) shall be...
Part III Guardianship Order (Section 61(2))Previous MatchNext Match
2.Sections 41, 45, 47, 49, 50, 52, 57 and 59...Previous MatchNext Match
3.In section 41— (a) in subsection (1) for the words...Previous MatchNext Match
4.In section 45(1) and (3) for the words “guardianship application”...Previous MatchNext Match
5.In section 47— (a) in subsection (1) for the words...Previous MatchNext Match
6.In section 49(1) for the words “this Part” there shall...Previous MatchNext Match
7.In section 50— (a) in subsection (1) for the words...Previous MatchNext Match
8.In section 52(1)— (a) for the words “either of sections...Previous MatchNext Match
9.In section 57(4) for paragraphs (a) and (b) there shall...Previous MatchNext Match
10.In section 59(1)— (a) in subsection (1) paragraph (a) shall...
The Criminal Procedure (Scotland) Act 1975 (c. 21)
26.In section 175(1) for the words “23(1)”, “25(1A)(a)” and “Mental...
30.In section 322— (a) in subsection (1)(b) for the words...
32.In section 375(A)(1) for the words “section 6(1) of the...
33.In section 376(1) for the words “23(1)”, “25(1)(a)” and “Mental...
37.In section 462— (a) in the definition of “hospital” for...
The Concessionary Travel for Handicapped Persons (Scotland) Act 1980 (c. 29)
Transitional and Savings Provisions
1.Where, apart from this paragraph, anything done under or in...
2.Without prejudice to any express amendment by this Act, where...
3.Where any period of time specified in a repealed enactment...
4.(1) Nothing in this Act shall affect a repealed enactment...
6.This Act shall apply to any application made before 30th...
8.This Act shall apply to any emergency recommendation or admission...
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