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Prisoners and Criminal Proceedings (Scotland) Act 1993
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- 1993 c. 9
- SCHEDULE 5
- Mental Health (Scotland) Act 1984 (c. 36)
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- Act power to modify conferred by 2006 asp 10 s. 94(3)(4)
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- s. 3AA inserted by 2005 asp 14 s. 15(5)
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2005/950 art. 2-4 commences (2003 c. 44)
- S.I. 2005/2122 art. 2 amendment to earlier commencing SI 2005/950 Sch. 2 para. 23
- S.I. 2008/1586 art. 2 Sch. 1 commences (2008 c. 4)
- S.S.I. 2003/288 art. 2 Sch. commences (2003 asp 7)
- S.S.I. 2003/439 art. 2 3 Sch. commences (This SSI is revoked by SSI 2003/475)
- S.S.I. 2003/475 art. 2 3 Sch. commences (This SSI revokes SSI 2003/439)
- S.S.I. 2005/161 art. 2-4 commences (2003 asp 13)
- S.S.I. 2005/375 art. 2 amendment to earlier commencing SSI 2005/161 art. 3
- S.S.I. 2005/433 art. 2 commences (2003 asp 7)
- S.S.I. 2006/48 art. 3 Sch. commences (2005 asp 14)
- S.S.I. 2006/85 art. 1 commences (2003 asp 7)
- S.S.I. 2006/331 art. 3 commences (2005 asp 14)
- S.S.I. 2006/332 art. 2 commences (2003 asp 7)
- S.S.I. 2007/84 art. 3 commences (2006 asp 10)
- S.S.I. 2008/21 art. 2 commences (2005 asp 14)
- S.S.I. 2010/413 art. 2 Sch. commences (2010 asp 13)
- S.S.I. 2011/178 art. 2 commences (2010 asp 13)
Mental Health (Scotland) Act 1984 (c. 36)S
2(1)Section 65 of the Mental Health (Scotland) Act 1984 (appeal to sheriff by patient in respect of whom restriction direction has been given) shall be amended as follows.S
(2)In subsection (1)(b), for the words “in the event of the patient’s not being released on licence or discharged under supervision under subsection (2)(b)(ii) of this section he” there shall be substituted the words “ the patient ”.
(3)For subsection (2) there shall be substituted the following subsection—
“(2)If the sheriff notifies the Secretary of State—
(a)that the patient would be entitled to be absolutely discharged, the Secretary of State shall by warrant direct that the patient be remitted to any prison or other institution or place in which he might have been detained had he not been removed to hospital and that he shall be dealt with there as if he had not been so removed;
(b)that the patient would be entitled to be conditionally discharged, the Secretary of State may—
(i)by warrant give such direction as is mentioned in paragraph (a) above; or
(ii)decide that the patient should continue to be detained in a hospital,
and (if a direction is given under this subsection) on the person’s arrival in the prison or other institution or place to which remitted by virtue of this subsection, the restriction direction, together with the transfer direction given in respect of the person, shall cease to have effect.”.
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