The Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Order 2005

PART 9 APPEAL PROCEEDINGS

Appeal proceedings

34.—(1) Where before 5th October 2005 appeal proceedings under the 1984 Act or the 1995 Act have been commenced in any court, such proceedings shall notwithstanding the effect of this Order in treating patients as if they were subject to orders or directions under the 2003 Act continue until final disposal in accordance with the law in force immediately before 5th October 2005.

(2) Until such proceedings have been finally disposed of, no application may be made under sections 99, 100, 163, 164, 192 or 214 of the 2003 Act in respect of that patient.

(3) Where as a result of an appeal to the sheriff under section 30 of the 1984 Act, a 1984 Act patient is not discharged, that patient shall be treated as if an application under section 99 of the 2003 Act for revocation of a determination had been refused in respect of the deemed compulsory treatment order.

(4) Where as a result of an appeal to the sheriff under section 30 of the 1984 Act, a 1995 Act patient is not discharged, that patient shall be treated as if an application under section 163 of the 2003 Act for revocation of the deemed compulsion order had been refused.

(5) Where on or after 5th October 2005 the outcome of an appeal under section 30, 63, 66A or 71 of the 1984 Act is that a hospital direction patient or transfer direction patient is not discharged, that patient shall be treated as if an application under section 214 of the 2003 Act had been made and as if no direction had been made under section 215 of that Act.

(6) Where on or after 5th October 2005 the outcome of an appeal under section 63 or 66A of the 1984 Act is that a patient is not discharged, that patient shall be treated as if an application under section 192 of the 2003 Act had been made and as if no order had been made under section 193 of that Act.

(7) Where on or after 5th October 2005 the outcome of an appeal under section 66 of the 1984 Act is that a patient is conditionally discharged, that patient shall be treated as if an order had been made under section 193(7)(b) of the 2003 Act and any conditions to which the patient was subject at the disposal of the proceedings under section 66 of the 1984 Act shall be deemed to have been imposed under section 193(7) of the 2003 Act.

(8) Where on or after 5th October 2005 the outcome of an appeal to the sheriff under section 35F of the 1984 Act is that the community care order is not revoked, the patient shall be treated as if –

(a) an application under section 99 of the 2003 Act for revocation of a determination had been refused in respect of the deemed community compulsory treatment order; or

(b) an application under section 163 of the 2003 Act for revocation if a determination had been refused in respect of the deemed community compulsion order, as the case may be.