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

2.—(1) The Mental Health (Northern Ireland) Order 1986(1) is amended as follows.

(2) In Article 84(1)(c) (interpretation), for “section 80(2) of the Mental Health (Scotland) Act 1984 substitute “article 4(2) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005”.

(3) In Article 129(3) (warrant to search for and remove patients), for “section 84 of the Mental Health (Scotland) Act 1984” substitute “article 8 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005”.

(4) In Article 132(5) (retaking of patients escaping from custody)–

(a) for “Mental Health (Scotland) Act 1984” substitute “Mental Health (Care and Treatment) (Scotland) Act 2003”; and

(b) for “Part 7 of the Act of 1984” substitute “being removed to Northern Ireland under regulations made under section 290 of the Act of 2003”.

(5) In Article 134 (patients removed to or from Northern Ireland)–

(a) in paragraph (1), for “Part 7 of the 1984 Act” substitute “admitted to hospital in Northern Ireland under article 4 of the 2005 Order”;

(b) in paragraph (3), for “Part 7 of the 1984 Act” substitute “regulations made under section 290 of the Mental Health (Care and Treatment) (Scotland) Act 2003”;

(c) in paragraph (4)–

(i) for “Part 7 of the 1984 Act” substitute “article 6 of the 2005 Order”; and

(ii) after “guardianship” where secondly appearing, insert “or, where he is not received into a hospital but his detention in hospital is authorised by virtue of the Mental Health (Care and Treatment) (Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995”;

(d) in paragraph (6), for “Part 7 of the 1984 Act” substitute “article 6 of the 2005 Order”;

(e) in paragraph (7)–

(i) omit the words from “the 1984 Act” to the end; and

(ii) at the end add–

““the 2005 Order” means the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005.”; and

(f) after paragraph (7) add–

“(8) Reference in this Article to a patient whose detention in hospital is authorised by virtue of the Mental Health (Care and Treatment) (Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995, shall br read as including references to a patient in respect of whom a certificate under one of the provisions listed in section 290(7)(a) of the Act of 2003 is in operation.”.

(1)

S.I. 1986/595 (N.I. 4) to which there are amendments not relevant to this Order.