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Mental Health (Detention) (Scotland) Act 1991

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3Supplementary provisions

(1)In section 26(7) of the Mental Health (Scotland) Act 1984 (short term detention), at the beginning there shall be inserted the words “Subject to section 21(3B) and (3C) of this Act,”.

(2)In section 28(4) of that Act (return and readmission of patients absent without leave: hospital), for the words “24(3), 25(2) or 26(3)” there shall be substituted “21(3B) (subject, where applicable, to section 21(3C)), 24(3), 25(2), 26(3) or 26A(2)”.

(3)In section 33 of that Act (discharge of patients: hospital)—

(a)in each of subsections (2) and (4), after the word “26,” there shall be inserted “26A,”; and

(b)after subsection (6) there shall be inserted the following subsection—

(7)Where an order for discharge is made in respect of a patient in relation to whom an application for admission has been submitted but has not been finally determined, the managers of the hospital shall notify the sheriff to whom the application has been submitted of the making of the order for discharge.

(4)In section 35 of that Act (appeals to the sheriff: hospital), in each of subsections (2) and (3), after the word “sections” there shall be inserted “or under section 26A of this Act”.

(5)In section 59 of that Act (interpretation of Part V), at the end there shall be added the following subsection—

(4)In this Part of this Act, “court holidays” means any day which is a court holiday by virtue of section 10(2) of the [1980 c. 4.] Bail Etc (Scotland) Act 1980.

(6)In Schedule 2 to that Act (application of provisions of Part V to patients subject to hospital or guardianship orders)—

(a)in Part I—

(i)in paragraph 7(b), after the word “26,” there shall be inserted “26A,”;

(ii)at the end of paragraph 7(c) there shall be inserted— ; and

(d)subsection (7) shall be omitted; and

(iii)in paragraph 10, for the words “and (2)” there shall be substituted “, (2) and (4)”;

(b)in Part II, in paragraph 9, for the words “and (2)” there shall be substituted “, (2) and (4)”; and

(c)in Part III, at the end of paragraph 10(b) there shall be inserted— ; and

(c)subsection (4) shall be omitted.

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