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Changes over time for: Section 107
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Version Superseded: 05/10/2005
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Point in time view as at 01/04/2002. This version of this provision has been superseded.
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Changes to legislation:
Mental Health (Scotland) Act 1984, Section 107 is up to date with all changes known to be in force on or before 01 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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107 Protection of patients.S
(1)Without prejudice to the last foregoing section, it shall be an offence, subject to the exception mentioned in this section,—
(a)for a man who is an officer on the staff or is otherwise employed in a hospital or [employed in the provision of a care home service], or who is a manager of a hospital or [a person providing or managing a care home service] to have unlawful sexual intercourse with a woman who is for the time being receiving treatment for mental disorder as an in-patient in that hospital or [in accommodation provided by that care home service], or to have such intercourse on the premises of which the hospital or [accommodation] forms part with a woman who is for the time being receiving such treatment there as an out-patient;
(b)for a man to have unlawful sexual intercourse with a woman suffering from mental disorder who is . . . in his custody or care under this Act or in the care of a local authority under the Social Work (Scotland) Act 1968 or resident in a house provided by a local authority under that Act.
(2)It shall not be an offence under this section for a man to have sexual intercourse with a woman if he does not know and has no reason to suspect her to be a person suffering from mental disorder.
(3)In this section any reference to having unlawful sexual intercourse with a woman shall include a reference to committing a homosexual act as defined in [section 13(4) of the Criminal Law (Consolidation) (Scotland) Act 1995].
(4)Any person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine.
Textual Amendments
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