Mental Health (Care and Treatment) (Scotland) Act 2003

43[F1Effect of emergency detention certificate on certain orders]S

This section has no associated Explanatory Notes

(1)This section applies where—

(a)a patient is subject to a [F2relevant order]; and

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

(2)[F3A 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 [F4or (as the case may be) section 57A(8)(b) of the 1995 Act] is specified in the [F5relevant order], the [F5relevant order] shall continue to authorise that measure during the period mentioned in subsection (2) above.

[F6(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

F1S. 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)

F2Words 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)

F3Words 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)

F5Words 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)