SCHEDULE 6Transitory amendments of the Mental Health (Scotland) Act 1984

(introduced by section 332(1))

1

Sections 33, 64 and 66 of the Mental Health (Scotland) Act 1984 (c. 36) shall, until their repeal by this Act, have effect as follows.

2

In section 33 (discharge of patients from hospital), in subsection (4)—

(a)

after “is”, where secondly occurring, insert “ not ”; and

(b)

in each of paragraphs (a) and (b) omit “not”.

3

In section 64 (appeal by patient subject to restriction order)—

(a)

in subsection (1)—

(i)

after “shall” insert “ , subject to subsection (2) of this section, ”;

(ii)

after “is”, where first occurring, insert “ not ”;

(iii)

in each of paragraphs (a) and (b) omit “not”;

(iv)

omit “and (in either case)” and paragraph (c);

(b)

in subsection (2)—

(i)

for “(1)” substitute “ (A1) ”;

(ii)

after “is”, where secondly occurring, insert “ not ”;

(iii)

for the words from “not” to “subsection”, where thirdly occurring, substitute “ is satisfied that it is appropriate for the patient to remain liable to be recalled to hospital for further treatment ”.

4

In section 66 (further consideration of case of conditionally discharged patient) in subsection (3) after “is”, where first, secondly and thirdly occurring, insert “ not ”.