Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

Part 17 S Patient representation etc.

Chapter 3 S Detention in conditions of excessive security

Enforcement: civil proceedings S

272 Proceedings for specific performance of statutory duty S

(1) The duties imposed by virtue of—

[F1 (a) an order under section 264(2) of this Act, or

(c) an order under section 268(2) of this Act,]

shall not be enforceable by proceedings for specific performance of a statutory duty under section 45(b) of the Court of Session Act 1988 (c. 36).

(2) Without prejudice to the rights of any other person, the duties imposed by virtue of—

[F2 (a) an order under section 265(3) of this Act, or

(c) an order under section 269(3) of this Act,]

shall be enforceable by proceedings by the Commission for specific performance of a statutory duty under section 45(b) of that Act of 1988.

Textual Amendments

F1 S. 272(1)(a)(c) substituted for s. 272(1)(a)-(d) (16.11.2015) by Mental Health (Scotland) Act 2015 (asp 9), ss. 15(8)(a), 61(2); S.S.I. 2015/361, art. 2 (with arts. 4-6)

F2 S. 272(2)(a)(c) substituted for s. 272(2)(a)-(d) (16.11.2015) by Mental Health (Scotland) Act 2015 (asp 9), ss. 15(8)(b), 61(2); S.S.I. 2015/361, art. 2 (with arts. 4-6)

Commencement Information

I1 Part 17 Chapter 3 (ss. 264 - 273) in force 1.5.2006 or such earlier day as the Scottish Ministers may by order appoint, see s. 333(2)

I2 S. 272 in force at 1.5.2006 or such earlier day as the Scottish Ministers may by order appoint, see s. 333(2)