National Health Service and Community Care Act 1990

The Mental Health (Scotland) Act 1984

28 (1) In subsection (2)(e) of section 3 (functions and duties of the Mental Welfare Commission) of the [1984 c. 36.] Mental Health (Scotland) Act 1984 after the words “Health Board”—

(a) where they first occur, there shall be inserted the words “, a National Health Service trust established under section 12A of the National Health Service (Scotland) Act 1978”; and

(b) where they second occur, there shall be inserted the words “, the National Health Service trust”.

(2) In subsection (2)(a) of section 12 (registration of private hospitals) of that Act, after the words “Secretary of State” there shall be inserted the words “or managed by a National Health Service trust established under section 12A of the National Health Service (Scotland) Act 1978.”

(3) In section 20(1)(c) (medical recommendations: hospital) of that Act—

(a) for the words “or 58 of” there shall be substituted the words “of, or paragraph 14 of Schedule 7A to,”; and

(b) for the word “relates” there shall be substituted the word “relate”.

(4) In subsection (1) of section 125 (interpretation) of that Act—

(a) in the definition of “hospital”, after paragraph (a) there shall be inserted—

“(aa) any hospital managed by a National Health Service trust established under section 12A of the said Act of 1978;”;

(b) in the definition of “managers of a hospital”, after paragraph (a) there shall be inserted—

“(aa) in relation to a hospital managed by a National Health Service trust established under section 12A (National Health Service trusts) of the said Act of 1978, the directors of the trust;”.