Mental Health (Scotland) Act 1984

PART III Guardianship Order (Section 61(2))

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

2 Sections 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.

3 In 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 order " and " 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 shall " and " named in the order" respectively.

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

5 In 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 order " and " the date of the order " respectively ;

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

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

7 In 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.

8 In 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 47 " and " the said section " respectively ; and

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

9 In 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 ".

10 In 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. ".