The Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999

Mental Health (Scotland) Act 1984 (c. 36)

74.—(1) The Mental Health (Scotland) Act 1984 is amended as follows.

(2) In section 115(3)(a) (correspondence of patients), after “Minister of the Crown” there is inserted “or the Scottish Ministers” and after “House of Parliament” there is inserted “or member of the Scottish Parliament”.

(3) In section 119 (code of practice)–

(a) in subsections (1), (2), (3) and (5) for “Secretary of State” in each place where it appears there is substituted “Scottish Ministers”;

(b) in subsection (3), for “Parliament” where it first appears and “either House of Parliament” there is substituted in each place “Scottish Parliament”; and

(c) in subsection (4)–

(i) for “either House of Parliament”, “that House” and “Parliament”, where it second appears, there is substituted “the Scottish Parliament”, and

(ii) for “or prorogued or during which both Houses are adjourned” there is substituted “ or is in recess”.