PART 1THE 2003 ACT

Suspension of orders and measures

8Suspension of orders on short-term detention

(1)

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

(2)

In section 56 (effect of subsequent short-term detention certificate on compulsory treatment order)—

(a)

in paragraph (a) of subsection (1), for the words “compulsory treatment order” there is substituted “ relevant order ”,

(b)

for subsection (2) there is substituted—

“(2)

A relevant order shall cease to authorise the measures specified in it for the period during which the patient is subject to—

(a)

the short-term detention certificate, or

(b)

an extension certificate.”,

(c)

after subsection (2) there is inserted—

“(3)

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.”.

(3)

In relation to section 56—

(a)

its title becomes “ Effect of short-term detention certificate etc. on certain orders ”,

(b)

the italic heading immediately preceding it becomes “ Effect of short-term detention certificate etc. on certain orders ”.