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Mental Health (Scotland) Act 1984 is up to date with all changes known to be in force on or before 31 August 2024. There are changes that may be brought into force at a future date.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.
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Part V Admission to and Detention in Hospital and Guardianship
Duration of authority for detention and discharge of patients: hospital
31. Special provisions as to patients absent without leave: hospital.
31A.Patients who are taken into custody or return within 28 days: hospital.
31B.Patients who are taken into custody or return after more than 28 days: hospital.
32. Special provisions as to patients sentenced to imprisonment etc.: hospital.
34. Restrictions on discharge by nearest relative: hospital.
Duration of authority for guardianship and discharge of patients
48. Special provisions as to patients absent without leave: guardianship.
48A.Patients who are taken into custody or return within 28 days: guardianship.
48B.Patients who are taken into custody or return after more than 28 days: guardianship.
49. Special provisions as to patients sentenced to imprisonment, : guardianship.
51. Restrictions on discharge by nearest relative: guardianship.
64. Right of appeal of patients subject to restriction orders.
65. Right of appeal of patients subject to restriction directions.
66. Further consideration of case of conditionally discharged patient.
66A. Appeal to Court of Session against sheriff’s decisions under sections 64, 65 and 66
67. Application of sections 63 to 66 to other persons treated as restricted patients.
68. Powers of Secretary of State in respect of patients subject to restriction orders.
69. Persons ordered to be kept in custody during Her Majesty’s pleasure.
Transfer to hospital or guardianship of prisoners et ceteralaetc.
70. Removal to hospital of persons in prison awaiting trial etc.
71. Removal to hospital of persons serving sentences of imprisonment and other prisoners.
71A. Further provision as to persons removed to hospital under section 71.
72. Restriction on discharge of prisoners removed to hospital.
73. Further provisions as to persons removed to hospital while awaiting trial etc.
74.Further provision as to transfer directions and restriction directions.
75. Further provisions as to civil prisoners and persons detained under the Immigration Act 1971.
Part VII Removal and Return of Patients within United Kingdom etc.
Part XI Miscellaneous and General
110. Duty to give information to patients and nearest relatives.
111. Duty of managers to inform nearest relative of discharge of detained patients.
113. Duty of sheriff to give patient opportunity to be heard.
114. Provision for personal expenses of in-patients in hospital.
117. Entry on premises and warrant to search for and remove patients.
SCHEDULES
Application of Provisions of Part V to Patients Subject to Hospital or Guardianship Orders
The Criminal Procedure (Scotland) Act 1975 (c. 21)
26.In section 175(1) for the words “23(1)”, “25(1A)(a)” and “Mental...
30.In section 322— (a) in subsection (1)(b) for the words...
32.In section 375(A)(1) for the words “section 6(1) of the...
33.In section 376(1) for the words “23(1)”, “25(1)(a)” and “Mental...
37.In section 462— (a) in the definition of “hospital” for...
The Concessionary Travel for Handicapped Persons (Scotland) Act 1980 (c. 29)
Transitional and Savings Provisions
1.Where, apart from this paragraph, anything done under or in...
2.Without prejudice to any express amendment by this Act, where...
3.Where any period of time specified in a repealed enactment...
4.(1) Nothing in this Act shall affect a repealed enactment...
6.This Act shall apply to any application made before 30th...
8.This Act shall apply to any emergency recommendation or admission...
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