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Mental Health (Scotland) Act 2015

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35Compulsory treatment of prisoners

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

(2)In schedule 2 (the Mental Health Tribunal for Scotland), in paragraph 7—

(a)in sub-paragraph (4), for the words “(other than proceedings relating solely to an application under section 255 or 256 of this Act)” there is substituted “(other than excepted proceedings)”,

(b)after sub-paragraph (4) there is inserted—

(4A)For the purpose of sub-paragraph (4) above, the following are excepted proceedings—

(a)proceedings relating solely to an application under section 255 or 256 of this Act, or

(b)proceedings relating to an application for a compulsory treatment order in respect of a patient subject to—

(i)a hospital direction, or

(ii)a transfer for treatment direction..

(3)In schedule 3 (application of Chapter 1 of Part 7 to certain patients), after paragraph 1 there is inserted—

1AIn the case of a patient subject to a hospital direction or a transfer for treatment direction, section 60(1) of this Act shall have effect as if, after paragraph (b), there were inserted—

(ba)to the Scottish Ministers;.

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