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Mental Health (Scotland) Act 1984

Status:

This is the original version (as it was originally enacted).

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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