Citation, commencement, interpretation and extent
This section has no associated Explanatory Memorandum
1.—(1) This Order may be cited as the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 and, subject to paragraph (2), shall come into force on 5th October 2005.
(2) The entry in Schedule 3 to this Order in respect of the Mental Health (Scotland) Act 1984() shall come into force immediately after the coming into force of the entry in Schedule 5 to the 2003 Act in respect of the Mental Health (Scotland) Act 1984.
(3) In this Order, unless the context otherwise requires–
“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995();
“the 2003 Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003();
“hospital”, except as provided in articles 2(7) and 4(8), has the meaning given in section 329(1) of the 2003 Act;
“hospital direction” means a direction made under section 59A() of the 1995 Act;
“patient” has the meaning given in section 329(1) of the 2003 Act;
“restriction order” means an order made under section 59() of the 1995 Act; and
“transfer for treatment direction” has the meaning given by section 136 of the 2003 Act.
(4) A reference in this Order to “a patient whose detention in hospital was authorised by virtue of the 2003 Act or the 1995 Act” shall be read as including references to a patient in respect of whom a certificate under one of the provisions listed in section 290(7)(a) of the 2003 Act is in operation.
(5) Articles 2 and 3 extend to England and Wales only().
(6) Articles 4, 5, 6, 7 and 9 extend to Northern Ireland only().
(7) Articles 8, 10, 11 and 12(2) extend to England and Wales and Northern Ireland only().
(8) Articles 12(1), 13 and 14 extend to Scotland only().
(9) Subject to paragraph (10), the modifications in Schedules 1 and 2 and the repeals in Schedule 3 have the same extent as the provisions being modified or repealed.
(10) Those modifications and repeals do not extend to Scotland other than the modifications in paragraphs 1(4)(b), 5 and 6 of Schedule 1 and paragraph 20 of Schedule 2 and the repeal in Schedule 3 of the Mental Health (Scotland) Act 1984().