http://www.legislation.gov.uk/id/ssi/2005/465/schedule/1

http://www.legislation.gov.uk/ssi/2005/465/schedule/1/paragraph/4/made

The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005

Mental health

Mental health support

Care

Mental disorders and illness

Care for disabled people

King's Printer for Scotland

2016-08-26

MENTAL HEALTH

This Order makes modification (including, where appropriate, repeals) to enactments having effect in Scotland. These modifications are consequential and supplemental to the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (“the 2003 Act”). The Order also makes modification to the 2003 Act to ensure that the purposes of the 2003 Act may be fully achieved and that full effect is given to the provisions of the Act.

The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005

SCHEDULE 1MODIFICATION OF ENACTMENTS

Social Work (Scotland) Act 1968 (c. 49)

4

1

The Social Work (Scotland) Act 1968 is amended as follows.

2

In section 1 (local authorities for the administration of the Act) in subsection (4)(b)4, for “Mental Health (Scotland) Act 1984” substitute “Mental Health (Care and Treatment) (Scotland) Act 2003”.

3

In section 92A (power of the Secretary of State to make grants)5, for “sections 7 and 8 of the Mental Health (Scotland) Act 1984” substitute “sections 25 to 31 of the Mental Health (Care and Treatment) (Scotland) Act 2003”.

4

In section 94 (interpretation), in subsection (1)6–

a

for the definition of “hospital” substitute–

“hospital” has the meaning assigned to it by section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003

b

in the definition of “mental disorder” for “section 1(2) of the Mental Health (Scotland) Act 1984” substitute “section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003”.