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The Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Order 2005
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13. Where immediately before 5th October 2005 a 1995 Act patient is a patient such as is referred to in section 28(1)(a), (b) or (c) of the 1984 Act–
(a)that patient shall be treated as liable to be taken into custody under the regulations made under section 310 of the 2003 Act and dealt with in accordance with those regulations; and
(b)the period of the patient’s absence shall be calculated from the first day of the patient’s absence notwithstanding the date when the deemed compulsion order takes effect.
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