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Mental Health (Scotland) Act 1984

Status:

This is the original version (as it was originally enacted).

Schedule 2Application of Provisions of Part V to Patients Subject to Hospital or Guardianship Orders

Part IHospital Order Without Restriction Order (Section 60(1)); Transfer From Prison Without Restriction (Section 71)

1Sections 27, 31, 32, 53, 54, 55, 56 and 58 shall apply in relation to the patient without modification.

2Sections 22, 28, 29, 30, 33, 35, 57 and 59 shall apply in relation to the patient with the modifications specified in paragraphs 3 to 10 of this Part of this Schedule.

3In section 22—

(a)subsection (1) shall be omitted ; and

(b)in subsection (2) for the reference to an application for admission there shall be substituted a reference to the order or direction by virtue of which the patient is liable under Part VI of this Act to be detained.

4In section 28 subsection (4) shall be omitted.

5In section 29(3) for the words from "as follows" to the end of the subsection there shall be substituted the words

as if the order or direction by virtue of which he was liable under Part VI of this Act to be detained before being transferred were an order or direction for his admission or removal to the hospital to which he is transferred..

6In section 30—

(a)in subsection (1), for the words " an application for admission " and " day on which he was so admitted " there shall be substituted the words

an order or direction by virtue of which he is liable under Part VI of this Act to be detainedand " date of the relevant order or direction " respectively; and

(b)in subsection (3), for the words " this Part" there shall be substituted the words

Part VI.

7In section 33—

(a)in subsection (1), for the words "this Part" there shall be substituted the words

Part VI;

(b)in subsection (4), for "26, 30 or 34" there shall be substituted

30; and

(c)in subsection (5) the words " by the nearest relative of the patient or " shall be omitted.

8In section 35(1)—

(a)the words " any of sections 26, 30 or 34 of " shall be omitted ;

(b)for the words " any of the said sections " there shall be substituted the words

Part V of this Act; and

(c)the words from " whether " to " both " shall be omitted.

9In section 57(4) for paragraphs (a) and (b) there shall be substituted the words

on the date when the patient ceases to be liable to be detained in pursuance of the order or direction by virtue of which he was liable under Part VI of this Act to be detained (otherwise than on being transferred in pursuance of section 29(1)(b) or (c) of this Act..

10In section 59 subsections (1)(b) and (2) shall be omitted.

Part IIHospital Order with Restriction Order, (Section 62) and Orders or Directions having the Like Effect (Sections 69, 70 and 72)

1Sections 53, 54, 56 and 58 shall apply in relation to the patient without modification.

2Section 22, 27, 28, 29, 55, 57 and 59 shall apply in relation to the patient with the modifications specified in paragraphs 3 to 9 of this Part of this Schedule.

3In section 22—

(a)subsection (1) shall be omitted;

(b)in subsection (2) for the words " application under this Part" there shall be substituted the words

order or direction by virtue of which he is liable under Part VI of this Act to be detainedand paragraph (b) shall be omitted ;

(c)subsections (3) and (4) shall be omitted.

4In section 27—

(a)in subsection (1) after the word " may" there shall be inserted the words

with the consent of the Secretary of State;

(b)in subsection (2) the word " either" and the words from "or from any specified period" to the end of the subsection shall be omitted; and

(c)in subsection (5) after the words " responsible medical officer " and after the words " that officer " there shall be inserted the words

or the Secretary of State.

5In section 28 subsections (3) and (4) shall be omitted.

6In section 29—

(a)in subsection (1) after the word " may" there shall be inserted the words

with the consent of the Secretary of Stateand paragraphs (b) and (c) shall be omitted;

(b)in subsection (3) for the words from " as follows " to the end of the subsection there shall be substituted the words

as if the order or direction by virtue of which he was liable under Part VI of this Act to be detained before being transferred were an order or direction for his admission or removal to the hospital to which he is transferred..

7In section 55 subsection (3) shall be omitted.

8In section 57(4) for paragraphs (a) and (b) there shall be substituted the words

on the date when the patient ceases to be liable to be detained in pursuance of the order or direction by virtue of which he was liable under Part VI of this Act to be detained (otherwise than on being transferred in pursuance of section 29(1)(b) or (c) of this Act.).

9In section 59, subsections (1)(b) and (2) shall be omitted.

Part IIIGuardianship Order (Section 61(2))

1Sections 43, 44, 46, 48, 53, 55, 56 and 58 shall apply in relation to the patient without modification.

2Sections 41, 45, 47, 49, 50, 52, 57 and 59 shall apply in relation to the patient with the modifications specified in paragraphs 3 to 10 of this Part of this Schedule.

3In section 41—

(a)in subsection (1) for the words "an application under this Part of this Act" and "the application" there shall be substituted the words

a guardianship orderand " the order " respectively; and

(b)in subsection (2) for the words from " Where " to " shall" and " named in the application " there shall be substituted the words

Where a guardianship order has been made in respect of a patient the order shalland " named in the order" respectively.

4In section 45(1) and (3) for the words " guardianship application " there shall be substituted the words

guardianship order.

5In section 47—

(a)in subsection (1) for the words " guardianship application" and " the day on which he was so received " there shall be substituted the words

guardianship orderand " the date of the order " respectively ;

(b)in subsection (3) for the words " this Part" there shall be substituted the words

Part VI.

6In section 49(1) for the words " this Part" there shall be substituted the words

Part VI.

7In section 50—

(a)in subsection (1) for the words " this Part" there shall be substituted the words

Part VI;

(b)in subsection (5) for the words " sections 47 or 51 " there shall be substituted the words

section 47; and

(c)subsection (6) shall be omitted.

8In section 52(1)—

(a)for the words " either of sections 47 or 51 " and " either of the said sections " there shall be substituted the words

section 47and " the said section " respectively ; and

(b)the words from " whether " to " both " shall be omitted.

9In section 57(4) for paragraphs (a) and (b) there shall be substituted the words

on the date when the patient ceases to be subject to guardianship under this Act.

10In section 59(1)—

(a)in subsection (1) paragraph (a) shall be omitted ; and

(b)in subsection (2) for paragraphs (a) and (b) there shall be substituted the words

to the local authority to whose guardianship he is subject or who approved his guardian..

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