4 Persons detained under Mental Health (Scotland) Act 1984.S
(1)Notwithstanding that a transfer [F1for treatment direction under section 136(2) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) is made] in respect of a person serving a sentence of imprisonment, this Part of this Act shall apply to the person as if he continued to serve that sentence while detained in, and as if he had not been removed to, hospital.
[F2(1A)This Part of this Act shall apply to a person conveyed to and detained in a hospital pursuant to a hospital direction under section 59A of the 1995 Act as if, while so detained, he was serving the sentence of imprisonment imposed on him at the time at which that direction was made.]
(2)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 4(1) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(3), Sch. 4 para. 6; S.S.I. 2005/161, art. 3 (as substituted by S.S.I. 2005/375, art. 2)
F2S. 4(1A) inserted (retrospective to 1.1.1998) by 1998 c. 37, ss. 119, 121(2), Sch. 8 para. 99(1)(2)
F3S. 4(2)(3) repealed (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(2), 333(3), Sch. 5 Pt. 1; S.S.I. 2005/161, art. 3 (as substituted by S.S.I. 2005/375, art. 2)