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Mental Health (Care and Treatment) (Scotland) Act 2003
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272Proceedings for specific performance of statutory duty
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(1)The duties imposed by virtue of—
(a)an order under section 264(2) of this Act;
(b)an order under subsection (3) of section 265 of this Act which specifies the period mentioned in paragraph (b)(ii) of that subsection;
(c)an order under section 268(2) of this Act; or
(d)an order under subsection (3) of section 269 of this Act which specifies the period mentioned in paragraph (b)(ii) of that subsection,
shall not be enforceable by proceedings for specific performance of a statutory duty under section 45(b) of the Court of Session Act 1988 (c. 36).
(2)Without prejudice to the rights of any other person, the duties imposed by virtue of—
(a)an order under subsection (3) of section 265 of this Act which specifies the period mentioned in paragraph (b)(i) of that subsection;
(b)an order under section 266(3) of this Act;
(c)an order under subsection (3) of section 269 of this Act which specifies the period mentioned in paragraph (b)(i) of that subsection; or
(d)an order under section 270(3) of this Act,
shall be enforceable by proceedings by the Commission for specific performance of a statutory duty under section 45(b) of that Act of 1988.
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