- Latest available (Revised)
- Original (As enacted)
Crime and Punishment (Scotland) Act 1997, Section 9 is up to date with all changes known to be in force on or before 01 May 2016. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
(1)Subject to subsection (2) below, any power to specify a hospital which is conferred by—
(a)section 57(2)(a) of the 1995 Act (disposal where accused [F1found not criminally responsible or unfit for trial]);
(b)section 58 of the 1995 Act (hospital orders);
(c)section 59A of the 1995 Act (hospital directions); or
(d)section 71 of the 1984 Act (transfer direction),
includes a power to specify a hospital unit; and where such a unit is specified in relation to any person in the exercise of such a power, any reference in any enactment (including one contained in this Act) to him being, or being liable to be, detained in a hospital shall be construed accordingly.
(2)In subsection (1) above—
(a)paragraph (a) shall not apply unless the court also makes an order under paragraph (b) of section 57(2) of the 1995 Act;
(b)paragraph (b) shall not apply unless the court also makes an order under section 59 of the 1995 Act;
(c)paragraph (d) shall not apply unless the Secretary of State also gives a direction under section 72 of the 1984 Act.
(3)In this section—
“hospital”, in relation to the exercise of a power, has the same meaning as in the enactment which confers the power;
“hospital unit” means any part of a hospital which is treated as a separate unit.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: