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Mental Health (Scotland) Act 1984

Status:

This is the original version (as it was originally enacted).

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.

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