Part 5

Emergency detention

Effect of emergency detention certificate on certain orders

Effect of emergency detention certificate on certain orders
43
1
This section applies where—
a
a patient is subject to a relevant order; and
b
an emergency detention certificate is granted in respect of the patient.
2
A 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 or (as the case may be) section 57A(8)(b) of the 1995 Act is specified in the relevant order, the relevant order shall continue to authorise that measure during the period mentioned in subsection (2) above.
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.
S. 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)
S. 43 cross-heading substituted (30.6.2017) by virtue of Mental Health (Scotland) Act 2015 (asp 9), ss. 7(3)(b), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 7)
S. 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)
S. 43(4) inserted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 7(2)(d), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 7)
Words 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)
Words 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)
Words in s. 43(3) inserted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 7(2)(c)(i), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 7)
Words 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)