PART 1THE 2003 ACT

Suspension of orders and measures

I17Suspension of orders on emergency detention

1

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

2

In section 43 (effect of subsequent emergency 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

in subsection (2), for the words “The compulsory treatment order” there is substituted “ A relevant order ”,

c

in subsection (3)—

i

after the word “Act” there is inserted “ or (as the case may be) section 57A(8)(b) of the 1995 Act ”,

ii

for the words “compulsory treatment order” in each place where they occur there is substituted “ relevant order ”,

d

after subsection (3) there is inserted—

4

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 43—

a

its title becomes Effect of emergency detention certificate on certain orders,

b

the italic heading immediately preceding it becomes Effect of emergency detention certificate on certain orders.