SCHEDULE MODIFICATION OF THE PROVISIONS OF SECTIONS 35A TO 35C OF THE MENTAL HEALTH (SCOTLAND) ACT 1984

2 Section 35B (Community care applications)
(1) In section 35B—
(a) subsection (1) shall be deleted;
(b) for subsection (2) there shall be substituted—

“(2) Before making a community care application the applicant shall—
(a) consult the persons specified in subsection (3) below, and
(b) consider the matters specified in subsection (5) below.”

;
(c) for subsection (3)(b) there shall be substituted—

“(b) the persons who have been principally concerned with the patient’s medical treatment while he was subject to after-care under supervision in England and Wales;”

;
(d) for subsection (3)(d) there shall be substituted—

“(d) the person who was the patient’s supervisor while he was subject to after-care under supervision and the person who is to be the patient’s after-care officer;”

.
(2) In sections 35B(3)(e) and (f), 35B(4), 35B(6)(a) and (d), and 35B(10) for “the responsible medical officer” there shall be substituted “the applicant”.