Print Options
PrintThe Whole
Act
PrintThis
Section
only
Status:
Point in time view as at 09/03/1992. This version of this provision has been superseded.
Status
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Changes to legislation:
There are currently no known outstanding effects for the Mental Health (Detention) (Scotland) Act 1991 (repealed), Section 2.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
2 Determination of applications for admission to hospital.S
(1)Section 21 of the Mental Health (Scotland) Act 1984 (approval by sheriff of applications for admission to hospital) shall be amended as follows.
(2)After subsection (3) there shall be inserted the following subsections—
“(3A)Within five days (excluding Saturdays, Sundays and court holidays) of an application for admission being submitted, the sheriff shall—
(a)approve the application; or
(b)where he decides to hold a hearing before determining the application, hold such hearing.
(3B)An application for admission in respect of a patient who is detained in hospital under section 26 or 26A of this Act shall, when submitted to the sheriff, be sufficient authority for the continued detention of the patient under that section until the expiry of a period of five days (excluding Saturdays, Sundays and court holidays) from the date when the application was submitted.
(3C)Where a hearing in relation to an application for admission in respect of a patient who is detained in hospital under section 26 or 26A of this Act is, for whatever reason, adjourned, the authority for the detention of the patient under that section by virtue of subsection (3B) of this section shall continue until the application for admission is finally determined.”
(3)After subsection (5) there shall be inserted the following subsection—
“(6)For the purposes of this section, an application is submitted to the sheriff when it is lodged with his sheriff clerk.”
Commencement Information
Marginal Citations
Back to top