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Mental Health (Care and Treatment) (Scotland) Act 2003
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Changes over time for: Section 283
Version Superseded: 05/10/2005
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- 21/03/2005- Amendment
- 21/03/2005
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283Review of decision to withhold postal packetS
This section has no associated Explanatory Notes
(1)This section applies where a relevant item is withheld under—
(a)subsection (1) of section 281 of this Act by virtue of subsection (3) of that section; or
(b)subsection (6) of that section.
(2)On an application—
(a)in the case where a relevant item is withheld as mentioned in paragraph (a) of subsection (1) above, by the specified person; or
(b)in the case where a relevant item is withheld as mentioned in paragraph (b) of that subsection, by—
(i)the specified person; or
(ii)the person by whom the postal packet was sent,
the Commission shall review the decision to withhold the relevant item.
(3)Any application under subsection (2) above shall be made before the expiry of the period of 6 months beginning with the day on which the person making the application receives notice under section 282(4) of this Act.
(4)On an application under subsection (2) above the Commission may direct that the relevant item should not be withheld; and the managers of the hospital concerned shall comply with any such direction.
(5)Regulations may make provision with respect to the making of applications under subsection (2) above.
(6)Regulations under subsection (5) above may in particular make provision as to the production to the Commission of relevant items.
(7)In this section—
“postal packet” has the same meaning as in section 281 of this Act;
“relevant item” means a postal packet or anything contained in it; and
“specified person” has the same meaning as in that section.
Commencement Information
I1S. 283 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1
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