Part 5 SEmergency detention

[F1Effect of emergency detention certificate on certain orders]S

Textual Amendments

43[F2Effect of emergency detention certificate on certain orders]S

(1)This section applies where—

(a)a patient is subject to a [F3relevant order]; and

(b)an emergency detention certificate is granted in respect of the patient.

(2)[F4A relevant order] shall, subject to subsection (3) below, cease to authorise the measures specified in it for the period during which the patient is subject to the emergency detention certificate.

(3)If the measure mentioned in section 66(1)(b) of this Act [F5or (as the case may be) section 57A(8)(b) of the 1995 Act] is specified in the [F6relevant order], the [F6relevant order] shall continue to authorise that measure during the period mentioned in subsection (2) above.

[F7(4)In this section, the references to a relevant order are to—

(a)a compulsion order, or

(b)a compulsory treatment order or an interim compulsory treatment order.]

Textual Amendments

F2S. 43 title substituted (30.6.2017) by virtue of Mental Health (Scotland) Act 2015 (asp 9), ss. 7(3)(a), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 7)

F3Words in s. 43(1)(a) substituted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 7(2)(a), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 7)

F4Words in s. 43(2) substituted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 7(2)(b), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 7)

F6Words in s. 43(3) substituted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 7(2)(c)(ii), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 7)

Commencement Information

I1S. 43 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)