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The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005

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1.—(1) The Representation of the People Act 1983 is amended as follows.

(2) In section 3A(3) (disfranchisement of offenders detained in mental hospitals)(1)–

(a)in paragraph (a), after “57(2)(a) or (b)” insert “, 57A(2)”; and

(b)in paragraph (b), for “section 69 of the Mental Health (Scotland) Act 1984 or section 71 of that Act (being a person to whom that section applies by virtue of subsection (2)(a) of that section)” substitute “section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003”.

(3) In section 7 (residence: patients in mental hospitals who are not detained offenders or on remand)(2), in subsection (6)(b), for “Mental Health (Scotland) Act 1984” substitute “Mental Health (Care and Treatment) (Scotland) Act 2003”.

(4) In section 7A(6) (residence: persons remanded in custody etc.)(3)–

(a)in paragraph (d), for “a committal to a hospital under section 52” substitute “an assessment order under section 52D or a treatment order under section 52M”; and

(b)for paragraph (e), substitute “a transfer for treatment direction under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 made in respect of a person to whom that section applies by virtue of article 13 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005”.

(1)

Section 3A was inserted by the Representation of the People Act 2000 (c. 2), section 2.

(2)

Section 7 was substituted by the Representation of the People Act 2000 (c. 2), section 4 and amended by S.I. 2001/1184.

(3)

Section 7A was inserted by the Representation of the People Act 2000 (c. 2), section 5 and amended by S.I. 2001/1184.

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