PART VI Mental Disorder

F1Hospital directions

Annotations:
Amendments (Textual)
F1

Ss. 59A-59C and preceding cross-heading substituted for s. 59A (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(1)-(4), Sch. 4 para. 8(6); S.S.I. 2005/161, art. 3

F259CHospital direction: supplementary

1

If, before the F3end of the day following the 7 days beginning with the day on which a hospital direction is made, it appears to the court, or, as the case may be, the Scottish Ministers, that, by reason of emergency or other special circumstances, it is not reasonably practicable for the offender to be admitted to the hospital specified in the hospital direction, the court, or, as the case may be, the Scottish Ministers, may direct that the offender be admitted to such other hospital as is specified.

2

Where—

a

the court makes a direction under subsection (1) above, it shall inform the person having custody of the offender; and

b

the Scottish Ministers make such a direction, they shall inform—

i

the court; and

ii

the person having custody of the offender.

3

Where a direction is made under subsection (1) above, the hospital direction shall have effect as if the hospital specified in the hospital direction were the hospital specified by the court, or, as the case may be, the Scottish Ministers, under subsection (1) above.

4

In this section, “court” means the court which made the hospital direction.