The Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Amendment Order 2006

Explanatory Note

(This note is not part of the Order)

This Order amends the Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Order 2005 (“the 2005 Order”).

Article 34(7) of the 2005 Order makes provision for appeal proceedings which have been commenced before 5th October 2005 under section 66 of the Mental Health (Scotland) Act 1984 (“the 1984 Act”).

Article 2(2) of this Order amends article 34(7) of the 2005 Order by extending the scope of that provision so as to include appeal proceedings commenced before 5th October 2005 under section 63 of the 1984 Act.

The effect of this amendment is that, where a restricted patient has, before 5th October 2005 appealed under section 63 of the 1984 Act to order his discharge and the outcome of the appeal is that the patient is conditionally discharged, the patient is treated as if an order had been made under section 193(7)(b) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the 2003 Act”) and any conditions to which the patient was subject at the disposal of the proceedings under section 63 of the 1984 Act are deemed to have been imposed under section 193(7) of the 2003 Act.