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Mental Health (Scotland) Act 2015

Section 60: Amendments to the 2003 Act
Amendment to section 193

167.Section 60 amends section 193 of the 2003 Act by requiring that where a victim is entitled to make representations before the Tribunal makes a decision, and no opportunity has been given to the victim to make representations, the Tribunal must have regard to any victim’s representations before making a decision about what conditions, if any to impose when directing conditional discharge under that section.

168.Section 60 further amends section 200 of the 2003 Act, by requiring the Scottish Ministers to have regard to any victims’ representations made in writing before varying any conditions with regard to a conditional discharge of a patient.

169.Section 60(4) of the Act amends section 224 of the 2003 Act by requiring a responsible medical officer to consider victims’ representations before deciding what conditions should be included in any certificate suspending detention.

170.Section 329 is amended by section 60(5) of the Act to include a definition of victim’s representations at the appropriate place in that interpretation section.

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