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The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Subordinate Legislation) Order 2005
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29.—9) The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999(1) is amended as follows.
(1) In Chapter 3 (rules on applications under specific statutes)–
(a)in Part XVI (Adults with Incapacity (Scotland) Act 2000)–
(i)in rule 3.16.1 (interpretation) omit the definition of “the 1984 Act”; and
(ii)after the definition of “the 2000 Act” insert–
“the 2003 Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003;”; and
(iii)
in rule 3.16.5(3) (dispensing with service on adult) for “section 20 of the 1984 Act” substitute “section 22(4) of the 2003 Act”; and
(b)
in Part XXIV (international protection of adults) in rule 3.24, 3(2)(b) (intimation of application) for “section 2 of the Mental Health (Scotland) Act 1984” substitute in rule 3.24, 3(2)(b) “section 4 of the Mental Health (Care and Treatment) (Scotland) Act 2003”.
(1)
S.I. 1999/929, relevant amending instruments are S.S.I. 2001/142 regulation 3 and S.S.I. 2003/556 regulation 2.
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