PART 1THE 2003 ACT

Periodical referral of cases

21Periodical referral of cases

1

The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

2

In subsection (3)(c) of section 101 (Tribunal’s duty to review determination under section 86), for the words “made to” there is substituted “determined by”.

3

In section 189 (reference to Tribunal by Scottish Ministers)—

a

in subsection (2), for the words “made to” in each place where they occur there is substituted “determined by”,

b

in subsection (3)—

i

for the words “made to” there is substituted “determined by”,

ii

after the words “made under subsection (2) above” there is inserted “that has been determined by it”.

4

In section 213 (reference to Tribunal by Scottish Ministers)—

a

in subsection (2), for the words “made to” in each place where they occur there is substituted “determined by”,

b

in subsection (3)—

i

for the words “made to” there is substituted “determined by”,

ii

after the words “made under subsection (2) above” there is inserted “that has been determined by it”.

5

In schedule 2 (the Mental Health Tribunal for Scotland), paragraph 13A is repealed.