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Mental Health (Scotland) Act 1984

Status:

This is the original version (as it was originally enacted).

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.

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