PART 1THE 2003 ACT

Suspension of orders and measures

7Suspension of orders on emergency detention

(1)

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

(2)

In section 43 (effect of subsequent emergency detention certificate on compulsory treatment order)—

(a)

in paragraph (a) of subsection (1), for the words “compulsory treatment order” there is substituted “ relevant order ”,

(b)

in subsection (2), for the words “The compulsory treatment order” there is substituted “ A relevant order ”,

(c)

in subsection (3)—

(i)

after the word “Act” there is inserted “ or (as the case may be) section 57A(8)(b) of the 1995 Act ”,

(ii)

for the words “compulsory treatment order” in each place where they occur there is substituted “ relevant order ”,

(d)

after subsection (3) there is inserted—

“(4)

In this section, the references to a relevant order are to—

(a)

a compulsion order, or

(b)

a compulsory treatment order or an interim compulsory treatment order.”.

(3)

In relation to section 43—

(a)

its title becomes “ Effect of emergency detention certificate on certain orders ”,

(b)

the italic heading immediately preceding it becomes “ Effect of emergency detention certificate on certain orders ”.