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Mental Health (Care and Treatment) (Scotland) Act 2003
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Changes over time for: Section 309
Changes to legislation:
Mental Health (Care and Treatment) (Scotland) Act 2003, Section 309 is up to date with all changes known to be in force on or before 23 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 309:
- s. 64(8A)(8B) inserted by 2015 asp 9 s. 1(2)
- s. 65(7) inserted by 2015 asp 9 s. 1(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 64(8A)(8B) inserted by 2015 asp 9 s. 1(2)
- s. 65(7) inserted by 2015 asp 9 s. 1(3)
309Patients from other jurisdictionsS
This section has no associated Explanatory Notes
(1)Regulations may make provision applying sections 301 to 303 of this Act to
[F1(a)]persons in Scotland who are subject to [F2corresponding requirements or] corresponding measures in England, Wales, Northern Ireland, the Isle of Man or the Channel Islands.
[F3(b)persons in Scotland who are subject to corresponding requirements or corresponding measures in a member State of the European Union (apart from the United Kingdom).]
(2)[F4Regulations under subsection (1) above] may make such modifications of those sections in that application as the Scottish Ministers think fit.
[F5(2ZA)Regulations may make provision applying specific provisions in Part 16 of this Act to persons to whom sections 301 to 303 of this Act apply by virtue of subsection (1) above.
(2ZB)Regulations under subsection (2ZA) above may make such modifications of that Part in that application as the Scottish Ministers think fit.
(2ZC)But regulations under subsection (2ZA) above may not—
(a)apply any of that Part to persons who are subject to requirements or measures corresponding only to detention in hospital in accordance with an emergency detention certificate, or
(b)authorise medical treatment of the types mentioned in section 234(2) or 237(3) of this Act.]
[F6(2A)The reference in subsection (1) above to persons subject to corresponding requirements shall be construed in accordance with section 289(4) of this Act.]
(3)The reference in subsection (1) above to persons subject to corresponding measures shall be construed in accordance with section 290(8) of this Act.
Textual Amendments
F1Words in s. 309(1) renumbered as s. 309(1)(a) (5.5.2017 for specified purposes, 30.6.2017 in so far as not already in force) by Mental Health (Scotland) Act 2015 (asp 9), ss. 33(3)(a)(i), 61(2); S.S.I. 2017/126, art. 2, sch.; S.S.I. 2017/197, art. 2, sch.
F2Words in s. 309(1) inserted (30.6.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 71(2)(a), 79(3); S.S.I. 2007/334, art. 2(a), sch. 1
F3S. 309(1)(b) inserted (5.5.2017 for specified purposes, 30.6.2017 in so far as not already in force) by Mental Health (Scotland) Act 2015 (asp 9), ss. 33(3)(a)(ii), 61(2); S.S.I. 2017/126, art. 2, sch.; S.S.I. 2017/197, art. 2, sch.
F4Words in s. 309(2) substituted (5.5.2017 for specified purposes, 30.6.2017 in so far as not already in force) by Mental Health (Scotland) Act 2015 (asp 9), ss. 33(3)(b), 61(2); S.S.I. 2017/126, art. 2, sch.; S.S.I. 2017/197, art. 2, sch.
F5S. 309(2ZA)-(2ZC) inserted (5.5.2017 for specified purposes, 30.6.2017 in so far as not already in force) by Mental Health (Scotland) Act 2015 (asp 9), ss. 33(3)(c), 61(2); S.S.I. 2017/126, art. 2, sch.; S.S.I. 2017/197, art. 2, sch.
F6S. 309(2A) inserted (30.6.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 71(2)(b), 79(3); S.S.I. 2007/334, art. 2(a), sch. 1
Commencement Information
I1S. 309 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1
I2S. 309 in force at 5.10.2005 in so far as not already in force by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)
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