The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Modification) Order 2003

Scottish Statutory Instruments

2003 No. 498

MENTAL HEALTH

The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Modification) Order 2003

Made

13th October 2003

Coming into force in accordance with article 1

The Scottish Ministers, in exercise of the powers conferred by section 330 of the Mental Health (Care and Treatment) Scotland Act 2003(1) and of all other powers enabling them in that behalf, hereby make the following Order, a draft of which has, in accordance with section 326(4)(b) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Citation and commencement

1.  This Order may be cited as the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Modification) Order 2003 and shall come into force on the day after the day on which it is made.

Modification of the Mental Health (Scotland) Act 1984

2.  In section 64(2) of the Mental Health (Scotland) Act 1984(2) (appeal by patient subject to a restriction order), for “that subsection” substitute “subsection (1) of this section”.

TOM McCABE

A member of the Scottish Executive

St Andrew’s House, Edinburgh

13th October 2003

Explanatory Note

(This note is not part of the Order)

This Order makes a consequential modification to section 64(2) of the Mental Health (Scotland) Act 1984 which is required following the amendment made to that subsection by paragraph 3(b) of schedule 6 to the Mental Health (Care and Treatment) (Scotland) Act 2003.

(1)

2003 asp 13.

(2)

1984 c. 36; section 64 was amended by the Mental Health (Public Safety and Appeals) (Scotland) Act 1999 (asp 1), sections 1 and 2 and by the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), schedule 6, paragraph 3.