SCHEDULEMODIFICATIONS OF PROVISIONS OF THE MENTAL HEALTH ACT 1983 IN RESPECT OF PATIENTS SUBJECT TO COMMUNITY CARE ORDERS IN SCOTLAND WHO INTEND TO RESIDE IN ENGLAND OR WALES
(1) | (2) |
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Provision | Modification |
Section 25A2 | As if for subsection (1) there were substituted the following subsection—
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As if in subsection (2) for “left hospital” there were substituted “taken up residence in England or Wales”. | |
As if in subsection (4)(b) for “leaves hospital” there were substituted “takes up residence in England or Wales”. | |
As if in subsection (5) for “the responsible medical officer” there were substituted “the registered medical practitioner who is proposed to be the community responsible medical officer”. | |
As if in subsection (6) for “leaves hospital” there were substituted “takes up residence in England or Wales”. | |
As if subsection (9) were omitted. | |
Section 25B5 | As if in subsection (1) for “responsible medical officer” on both occasions the words appear there were substituted “practitioner”. |
As if in sub-paragraph (ii) of subsection (2)(a) for “in hospital” there were substituted “whilst he was subject to a community care order” and as if at the end of that sub-paragraph there were inserted “and the patient’s after-care officer (as defined in section 125(1) of the Mental Health (Scotland) Act 19846)”. | |
As if in subsection (2)(a)(iv) for “the responsible medical officer” there were substituted “the practitioner making the application” and as if for “leaves hospital” there were substituted “takes up residence in England or Wales”. | |
As if in subsection (2)(c) for “the responsible medical officer” there were substituted “the practitioner making the application”. | |
As if in subsection (3)(b) for “the responsible medical officer” there were substituted “the practitioner making the application”. | |
As if for paragraph (a) of subsection (5) there were substituted the following paragraph—
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As if in subsection (5)(d) for “leaves hospital” there were substituted “takes up residence in England or Wales”. | |
As if for paragraph (a) of subsection (6) there were substituted the following paragraph—
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Section 25B | As if for paragraph (b) of subsection (6) there were substituted the following paragraph—
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As if in subsection (8) for “social worker” there were substituted “person making the recommendation”. | |
As if in subsection (9)(a) and (b) for “leaves hospital” there were substituted “takes up residence in England or Wales”. | |
As if in subsection (10) for “responsible medical officer” there were substituted “practitioner making it”. | |
As if in subsection (11) for “leaves hospital” there were substituted “takes up residence in England or Wales”. | |
Section 25C7 | As if subsection (3) were omitted. |
As if subsection (4) were omitted. | |
As if subsection (5) were omitted. | |
Section 25D8 | As if in subsection (1) for “(or, if he has not yet left hospital, is to be so subject after he leaves hospital)” there were substituted “(or, if he has not yet taken up residence in England or Wales, is to be so subject when he does take up residence there)”. |
Section 25G9 | As if in subsection (1)(a) for “leaves hospital” there were substituted “takes up residence in England or Wales”. |
Section 7210 | As if in subsection (4A) for “(or, if he has not yet left hospital, is to be so subject after he leaves hospital)” there were substituted “(or, if he has not yet taken up residence in England or Wales, is to be so subject when he does take up residence there)”. |
Section 7611 | As if in subsection (1)(a) for “(or, if he has not yet left hospital, is to be subject to after-care under supervision after he leaves hospital)” there were substituted “(or, if he has not yet taken up residence in England or Wales, is to be subject to after-care under supervision when he takes up residence there)”. |