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The Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Order 2005
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Leave of absence
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26.—(1) Notwithstanding section 224(4) of the 2003 Act, where for the period immediately before 5th October 2005 a hospital direction patient has been granted leave of absence under section 27 of the 1984 Act as applied by Part 2 of schedule 2 of that Act, that patient shall be treated as if a certificate had been granted under section 224(2) of the 2003 Act for the specified occasions for which the leave of absence was granted under section 27.
(2) Any direction made or condition imposed under section 27(3) of the 1984 Act as applied by Part 2 of schedule 2 of that Act shall be deemed to be a condition included in a certificate granted under section 224(2) of the 2003 Act.
(3) Where by 5th October 2005 the Commission has not been notified of a grant of leave of absence or an extension of leave of absence under section 27(4) of the 1984 Act, the responsible medical officer shall, before the expiry of the period of 14 days beginning with the day of the granting of leave, give notice of it to the Commission.
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