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

SCHEDULE 3 S Application of Chapter 1 of Part 7 to certain patients

(introduced by section 71)

1 S Section 57(3) of this Act shall have effect as if, for paragraph (e), there were substituted the following—

“(e) that it will be necessary, immediately after the hospital direction or, as the case may be, transfer for treatment direction to which the patient is subject ceases to have effect, for the patient to be subject to a compulsory treatment order.”.

Commencement Information

I1 Sch. 3 para. 1 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)

[F1 1A S In 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;”]

Textual Amendments

F1 Sch. 3 para. 1A inserted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 35(3), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 17)

2 (1) Section 64(4)(a)(i) of this Act shall have effect subject to the following— S

(a) where a compulsory treatment order is made in respect of a patient who is subject to—

(i) a hospital direction; or

(ii) a transfer for treatment direction,

that order shall authorise the measures specified in it only if the direction to which the patient is subject ceases, by virtue of section 217(2) of this Act, to have effect before the expiry of the period of 28 days beginning with the day on which the order is made; and

(b) where—

(i) a compulsory treatment order is made in respect of such a patient; and

(ii) the direction to which the patient is subject ceases, by virtue of section 217(2) of this Act, to have effect before the expiry of the period of 28 days mentioned in sub-sub-paragraph (a) above,

the compulsory treatment order shall authorise the measures specified in it for the period of 6 months beginning with the day on which that direction ceases to have effect.

(2) Section 64(5) shall have effect as if, for paragraph (e), there were substituted—

“(e) that it will be necessary, immediately after the hospital direction or, as the case may be, transfer for treatment direction to which the patient is subject ceases to have effect, for the patient to be subject to a compulsory treatment order.”.

Commencement Information

I2 Sch. 3 para. 2 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)

3 S Section 65 of this Act shall not have effect.

Commencement Information

I3 Sch. 3 para. 3 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)