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

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 ”.