Mental Health (Scotland) Act 1984 (c. 36)

Part V U.K. Admission to and Detention in Hospital and Guardianship

Duration of authority for guardianship and discharge of patients S

[F1 48 Special provisions as to patients absent without leave: guardianship. S

(1) Where a patient is absent without leave—

(a) on the day on which (apart from this section) he would cease to be subject to guardianship under this Part of this Act; or

(b) within the period of one week ending with that day,

he shall not cease to be so subject until the relevant time.

(2) For the purposes of subsection (1) above the relevant time—

(a) where the patient is taken into custody under section 44 of this Act, is the end of the period of one week beginning with the day on which he is returned to the place where he ought to be;

(b) where the patient returns to the place where he ought to be within the period during which he can be taken into custody under section 44 of this Act, is the end of the period of one week beginning with the day on which he so returns; and

(c) otherwise, is the end of the period during which he can be taken into custody under section 44 of this Act.]

Textual Amendments

F1 Ss. 48, 48A, 48B substituted for s. 48 (1.4.1996) by 1995 c. 52, ss. 5(7), 7(2)