Mental Health (Scotland) Act 1984

60 Effect of hospital orders. S

(1) A hospital order made under section [F1 section 58 of the Criminal Procedure (Scotland) Act 1995] shall be sufficient authority—

(a) for a constable, a mental health officer [F2 , an officer on the staff of the hospital specified in the order], or any other person directed to do so by the court to convey the patient to the hospital specified in the order within a period of [F3 7] days; and

(b) for the managers of the hospital to admit him at any time within that period, and thereafter to detain him in accordance with the provisions of this Act.

(2) A patient who is admitted to a hospital in pursuance of a hospital order shall be treated for the purposes of Part V of this Act (other than section 23) as if he had been so admitted on the date of the order in pursuance of an application for admission, except that the power to order the discharge of the patient under section 33 of this Act shall not be exercisable by his nearest relative; and accordingly the provisions of the said Part V specified in Part I of the Second Schedule to this Act shall apply in relation to him, subject to the exceptions and modifications set out in that Part and the remaining provisions of the said Part V shall not apply.

(3) Subject to the provisions of [F4 section 59(3) of the said Act of 1995], where a patient is admitted to a hospital in pursuance of a hospital order any previous application or hospital order by virtue of which he was liable to be detained in a hospital shall cease to have effect:

Provided that, if the order first-mentioned or the conviction to which it relates is quashed on appeal, this subsection shall not apply and section 32 of this Act shall have effect as if during any period for which the patient was liable to be detained under the order he had been detained in custody as mentioned in that section.

(4) If within the period of [F5 7] days referred to in subsection (1) of this section it appears to the Secretary of State that by reason of an emergency or other special circumstances it is not practicable for the patient to be received into the hospital specified in the order, he may give directions for the admission of the patient to such other hospital as appears to be appropriate in lieu of the hospital so specified; and where such directions are given the Secretary of State shall cause the person having the custody of the patient to be informed, and the hospital order shall have effect as if the hospital specified in the directions were substituted for the hospital specified in the order.

[F6 (5) Where—

(a) a patient admitted to a hospital in pursuance of a hospital order is absent without leave;

(b) a warrant to arrest him has been issued under section 13 of the M1 Criminal Procedure (Scotland) Act 1975; and

(c) he is held pursuant to the warrant in any country or territory other than the United Kingdom, any of the Channel Islands and the Isle of Man,

he shall be treated as having been taken into custody under section 28 of this Act on first being so held.]

Textual Amendments

F1 Words in s. 60(1) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4, para. 50(2)(a) (with Sch. 3, paras. 1, 3)

F2 Words in s. 60(1)(a) inserted (1.1.1998) by 1997 c. 48, s. 62(1), Sch. 1, para. 9(2)(a) (with s. 33(6)); S.I. 1997/2323, art. 4, Sch. 2

F3 Words in s. 60(1)(a) substituted (1.1.1998) by 1997 c. 48, ss. 62(1), 65(2)(4), Sch. 1, para. 9(2)(a) (with s. 33(6)); S.I. 1997/2323, art. 4, Sch. 2

F4 Words in s. 60(3) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4, para. 50(2)(b) (with s. 3, Sch. 3, paras. 1, 3)

F5 Words in s. 60(4) substituted (1.1.1998) by 1997 c. 48, s. 62(1), Sch. 1, para. 9(2)(b) (with s. 33(6)); S.I. 1997/2323, art. 4, Sch. 2

F6 S. 60(5) inserted (1.4.1996) by 1995 c. 52, ss. 5(9), 7(2)

Marginal Citations

M1 1975 c. 21.