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

SCHEDULE 6 S Transitory amendments of the Mental Health (Scotland) Act 1984

(introduced by section 332(1))

1 S Sections 33, 64 and 66 of the Mental Health (Scotland) Act 1984 (c. 36) shall, until their repeal by this Act, have effect as follows.

2 S In section 33 (discharge of patients from hospital), in subsection (4)—

(a) after “is”, where secondly occurring, insert “ not ”; and

(b) in each of paragraphs (a) and (b) omit “not”.

3 S In section 64 (appeal by patient subject to restriction order)—

(a) in subsection (1)—

(i) after “shall” insert “ , subject to subsection (2) of this section, ”;

(ii) after “is”, where first occurring, insert “ not ”;

(iii) in each of paragraphs (a) and (b) omit “not”;

(iv) omit “and (in either case)” and paragraph (c);

(b) in subsection (2)—

(i) for “(1)” substitute “ (A1) ”;

(ii) after “is”, where secondly occurring, insert “ not ”;

(iii) for the words from “not” to “subsection”, where thirdly occurring, substitute “ is satisfied that it is appropriate for the patient to remain liable to be recalled to hospital for further treatment ”.

4 S In section 66 (further consideration of case of conditionally discharged patient) in subsection (3) after “is”, where first, secondly and thirdly occurring, insert “ not ”.