(1)Where a hospital order is made in respect of a person, and it appears to the court, having regard to the nature of the offence with which he is charged, the antecedents of the person and the risk that as a result of his mental disorder he would commit offences if set at large, that it is necessary for the protection of the public [F1from serious harm] so to do, the court may, subject to the provisions of this section, further order that the person shall be subject to the special restrictions set out in [F2section 62(1) of the M1Mental Health (Scotland) Act 1984], F3. . . without limit of time F3. . ..
(2)An order under this section (in this Act referred to as [F4“a restriction order”] shall not be made in the case of any person unless the medical practitioner approved by the Health Board for the purposes of [F5section 20 or section 39 of the M2Mental Health (Scotland) Act 1984], whose evidence is taken into account by the court under section 175(1)(a) of this Act, has given evidence orally before the court.
(3)Where [F6a restriction order is in force in respect of a patient], a guardianship order shall not be made in respect of him; and where the hospital order relating to him ceases to have effect by virtue of [F7section 60(3)]of the M3Mental Health (Scotland) Act 1984 on the making of another hospital order, that order shall have the same effect in relation to [F8the restriction order] as the previous hospital order, but without prejudice to the power of the court making that other hospital order to make [F9another restriction order] to have effect on the expiration of the previous such order.
Textual Amendments
F1Words inserted by virtue of Mental Health (Amendment) (Scotland) Act 1983 (c. 39), s. 22(2) and Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 126(2)(b)
F2Words inserted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1), Sch. 3 para. 28(a)
F3Words in s. 178(1) repealed (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, ss. 54, 117(2), Sch. 7 Pt. I; S.I. 1996/517, arts. 3(2), 4-6, Sch. 2
F4Words substituted by virtue of Mental Health (Amendment) (Scotland) Act 1983 (c. 39), Sch. 2 para. 33(a) and Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 126(2)(b)
F5Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1), Sch. 3 para. 28(b)
F6Words substituted by virtue of Mental Health (Amendment) (Scotland) Act 1983 (c. 39), Sch. 2 para. 33(b)(i)
F7WOrds in s. 178(3) substituted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 117, Sch. 6 Pt. I para. 67; S.I. 1996/517, arts. 3(2), 4-6, Sch. 2
F8Words substituted by virtue of Mental Health (Amendment) (Scotland) Act 1983 (c. 39), Sch. 2 para. 33(b)(ii) and Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 126(2)(b)
F9Words substituted by virtue of Mental Health (Amendment) (Scotland) Act 1983 (c. 39), Sch. 2 para. 33(b)(iii) and Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 126(2)(b)
Modifications etc. (not altering text)
C1S. 178 extended by Contempt of Court Act 1981 (c. 49, SIF 39:3), s. 15(3)
C2S. 178(3) extended by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 76
Marginal Citations
M11984 c. 36(85).
M21984 c. 36(85).
M31984 c. 36(85).