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

Deemed community compulsion order

16.—(1) An existing community patient who prior to the community care order being made was detained in pursuance of an order or direction by virtue of which that patient was liable to be detained under Part 6 of the 1984 Act shall be treated as if that patient was subject to a compulsion order made under section 57A(2) of the 1995 Act.

(2) The deemed community compulsion order–

(a) authorises the imposition on the patient of the conditions specified under section 35A(4)(a) of the 1984 Act in the community care order to which the patient was subject for the remaining period of time for which the community care order to which the patient was subject would have had effect;

(b) is deemed to record as the type or types of mental disorder that the patient has the type or types of mental disorder common to the 2 medical recommendations mentioned in section 35B(7)(a) of the 1984 Act except that the form of mental disorder specified by the deemed community compulsion order is–

(i) learning disability where the form of mental disorder common to the recommendations is mental handicap; and

(ii) personality disorder where the form of mental disorder common to the recommendations is mental illness consisting of personality disorder; and

(c) is deemed to specify as the hospital the managers of which are to have responsibility for appointing the patient’s responsible medical officer, the hospital of which the patient’s special medical officer, as defined in section 35A of the 1984 Act, is a member of staff.