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

Section 35B (Community care applications)2

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”.