Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

Part 6 S Short-term detention

Revocation of certificates S

51 Commission’s power to revoke short-term detention certificate or extension certificate S

Where—

(a) [F1 a patient is subject to] a short-term detention certificate or an extension certificate; and

(b) the Commission is satisfied—

(i) that not all of the conditions mentioned in paragraphs (a), (b) and (d) of section 44(4) of this Act continue to be met in respect of the patient; or

(ii) that it does not continue to be necessary for the detention in hospital of the patient to be authorised by the certificate,

the Commission may revoke the certificate.

Textual Amendments

F1 Words in s. 51(a) substituted (27.9.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 1, sch. 1 para. 32(9)

Commencement Information

I1 S. 51 in force at 5.10.2005 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)