The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005

Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2003 (S.I. 2003/762)

25.—(1) The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2003(1) are amended as follows.

(2) In regulation 1(2) (citation, commencement and application)–

(a) omit ““the 1984 Act” means the Mental Health (Scotland) Act 1984;”; and

(b) before ““direct payment”” insert ““the 2003 Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003;”.

(3) In regulation 2(2) (prescribed descriptions of persons – community care services and services for carers)–

(a) in sub paragraph (i), for “after-care under a community care order under section 35A of the 1984 Act” substitute “the imposition of any of the requirements mentioned in section 66(1)(c), (d), (e) or (f) of the 2003 Act”;

(b) in sub paragraph (j), for “section 27 of the 1984 Act” substitute “section 41(1), 53(1) or 127 of the 2003 Act”;

(c) in sub paragraph (l), for “a restricted patient within the meaning of section 63(1) of the 1984 Act who has been given a conditional discharge under section 64 or 68 of that Act” substitute “a patient who is subject to a restriction order within the meaning of the 2003 Act who has been conditionally discharged under section 193(7) of that Act”; and

(d) in sub paragraph (m), after “57(2)(a), (b), (c) or (d),” insert “57A(2),”.

(1)

S.I. 2003/762.