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Mental Health (Scotland) Act 1984, Section 63 is up to date with all changes known to be in force on or before 30 August 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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(1)In this section and in sections 64 to 67 of this Act—
“restricted patient” means a patient who is subject to a restriction order or to a restriction direction;
“relevant hospital order” and “relevant transfer direction”, in relation to a restricted patient, mean the hospital order or transfer direction by virtue of which he is liable to be detained in a hospital.
(2)A restricted patient detained in a hospital may appeal by way of summary application to a sheriff of the sheriffdom within which the hospital in which he is liable to be detained is situated—
(a)in the period between the expiration of 6 months and the expiration of 12 months beginning with the date of the relevant hospital order or transfer direction; and
(b)in any subsequent period of 12 months,
to order his discharge under section 64 or 65 of this Act.
(3)The provisions of section 35(3) and (4) of this Act shall have effect in relation to an appeal under sections 63 to 67 of this Act as they have in relation to an appeal under Part V of this Act.
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