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 ”.