2(1)Section 65 of the Mental Health (Scotland) Act 1984 (appeal to sheriff by patient in respect of whom restriction direction has been given) shall be amended as follows.
(2)In subsection (1)(b), for the words “in the event of the patient’s not being released on licence or discharged under supervision under subsection (2)(b)(ii) of this section he” there shall be substituted the words “ the patient ”.
(3)For subsection (2) there shall be substituted the following subsection—
“(2)If the sheriff notifies the Secretary of State—
(a)that the patient would be entitled to be absolutely discharged, the Secretary of State shall by warrant direct that the patient be remitted to any prison or other institution or place in which he might have been detained had he not been removed to hospital and that he shall be dealt with there as if he had not been so removed;
(b)that the patient would be entitled to be conditionally discharged, the Secretary of State may—
(i)by warrant give such direction as is mentioned in paragraph (a) above; or
(ii)decide that the patient should continue to be detained in a hospital,
and (if a direction is given under this subsection) on the person’s arrival in the prison or other institution or place to which remitted by virtue of this subsection, the restriction direction, together with the transfer direction given in respect of the person, shall cease to have effect.”.