Mental Health (Care and Treatment) (Scotland) Act 2003

Part 3 — Tribunal procedure

Rules

10

• (1) The Scottish Ministers may make rules as to the practice and procedure of the Tribunal.

• (2) Such rules may, without prejudice to the generality of sub-paragraph (1) above, include provision for or in connection with—

• (a) the composition of the Tribunal for the purposes of its discharge of particular functions;

• (b) where the functions of the Tribunal are being discharged by more than one tribunal—

• (i) determining by which tribunal any proceedings are to be dealt with; and

• (ii) transferring proceedings from one tribunal to another;

• (c) the form of applications to the Tribunal;

• (d) the recovery and inspection of documents;

• (e) the persons who may appear on behalf of the parties;

• (f) enabling specified persons other than the parties to appear or be represented in specified circumstances;

• (g) requiring specified persons to give notice to other specified persons of specified matters in such form and by such method as may be specified;

• (h) as to the time within which any notice by virtue of sub-paragraph (g) above shall be given;

• (i) enabling any matters that are preliminary or incidental to the determination of proceedings to be determined by the convener alone or with such other members of the Tribunal as may be specified;

• (j) enabling hearings to be held in private;

• (k) enabling the Tribunal (or the convener, with such other members of the Tribunal as may be specified, as the case may be) to exclude the person to whom the proceedings relate from attending all or part of hearings;

• (l) enabling specified proceedings or specified matters that are preliminary or incidental to the determination of proceedings to be determined in specified circumstances without the holding of a hearing;

• (m) enabling the Tribunal to hear and determine concurrently two or more sets of proceedings relating to the same person;

• (n) the recording, publication and enforcement of decisions and orders of the Tribunal;

• (o) the admissibility of evidence to the Tribunal;

• (p) enabling matters to be referred to the Commission;

• (q) enabling the Tribunal to commission medical and other reports in specified circumstances;

• (r) requiring specified proceedings, or specified matters that are preliminary or incidental to the determination of proceedings, to be determined, or other specified actions to be taken, within specified periods;

• (s) the circumstances in which a curator ad litem may be appointed.

• (3) In sub-paragraph (2) above, “specified” means specified in the rules.

Practice directions

11

Subject to rules made under paragraph 10 above the President may give directions as to the practice and procedure to be followed by the Tribunal in relation to any matter.

Evidence

12

• (1) The Tribunal may by citation require any person to attend, at such time and place as is specified in the citation, for the purpose of—

• (a) giving evidence; or

• (b) producing any document in the custody, or under the control, of such person which the Tribunal considers it necessary to examine.

• (2) In relation to persons giving evidence the Tribunal may administer oaths and take affirmations.

• (3) A person who is cited to attend the Tribunal and—

• (a) refuses or fails—

• (i) to attend; or

• (ii) to give evidence; or

• (b) alters, conceals or destroys, or refuses to produce, a document which such person may be required to produce for the purposes of proceedings before the Tribunal,

shall, subject to sub-paragraph (4) below, be guilty of an offence.

• (4) A person need not give evidence or produce any document if, were it evidence which might be given or a document that might be produced in any court in Scotland, the person having that evidence or document could not be compelled to give or produce it in such proceedings.

• (5) It shall be a defence for a person charged with contravening sub-paragraph (3) above to show that the person has a reasonable excuse for such contravention.

• (6) A person guilty of an offence under sub-paragraph (3)(a) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (7) A person guilty of an offence under sub-paragraph (3)(b) above shall be liable—

• (a) on summary conviction to a fine not exceeding the statutory maximum;

• (b) on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine or both.

Decisions of the Tribunal

13

• (1) Subject to sub-paragraph (2) below, where a decision is to be made by more than one member of the Tribunal, the decision of the Tribunal shall be made by majority.

• (2) If there is a tie, the convener shall have a second vote as a casting vote.

• (3) A decision of the Tribunal shall be recorded in a document which contains a full statement of the facts found by the Tribunal and the reasons for the decision.

• (4) The Tribunal shall—

• (a) inform each party of its decision; and

• (b) as soon as practicable after completion of the document mentioned in sub-paragraph (3) above, send a copy to each party.

Part 4 — Reports, information etc.

Annual report

14

• (1) The President shall, in respect of each period of 12 months beginning on 1st April, prepare a written report as to the Tribunal’s discharge of its functions during that period.

• (2) The President shall submit each report prepared under sub-paragraph (1) above, as soon as practicable after the period to which it relates, to the Scottish Ministers.

• (3) The Scottish Ministers shall lay before the Scottish Parliament a copy of each report submitted to them under sub-paragraph (2) above.

Disclosure of information

15

The President shall, at such times and in respect of such periods as the Scottish Ministers may specify, provide to—

• (a) the Scottish Ministers;

• (b) such persons as the Scottish Ministers may specify,

such information relating to the discharge of the Tribunal’s functions as the Scottish Ministers may direct.

Allowances etc. for attendance at hearings of the Tribunal and preparation of reports

16

• (1) The Tribunal may pay to any person (other than a member of the Tribunal or a member of the staff of the Tribunal) such allowances and expenses as the President shall determine for the purposes of, or in connection with, the person’s attendance at hearings of the Tribunal.

• (2) The Tribunal may pay to any person (other than a member of the Tribunal or a member of the staff of the Tribunal) such amounts as the President shall determine in connection with any report prepared by the person in accordance with rules made under paragraph 10(2)(q) above.

SCHEDULE 3

1

Section 57(3) of this Act shall have effect as if, for paragraph (e), there were substituted the following—

(e) that it will be necessary, immediately after the hospital direction or, as the case may be, transfer for treatment direction to which the patient is subject ceases to have effect, for the patient to be subject to a compulsory treatment order.

.

2

• (1) Section 64(4)(a)(i) of this Act shall have effect subject to the following—

• (a) where a compulsory treatment order is made in respect of a patient who is subject to—

• (i) a hospital direction; or

• (ii) a transfer for treatment direction,

that order shall authorise the measures specified in it only if the direction to which the patient is subject ceases, by virtue of section 217(2) of this Act, to have effect before the expiry of the period of 28 days beginning with the day on which the order is made; and

• (b) where—

• (i) a compulsory treatment order is made in respect of such a patient; and

• (ii) the direction to which the patient is subject ceases, by virtue of section 217(2) of this Act, to have effect before the expiry of the period of 28 days mentioned in sub-sub-paragraph (a) above,

the compulsory treatment order shall authorise the measures specified in it for the period of 6 months beginning with the day on which that direction ceases to have effect.

• (2) Section 64(5) shall have effect as if, for paragraph (e), there were substituted—

(e) that it will be necessary, immediately after the hospital direction or, as the case may be, transfer for treatment direction to which the patient is subject ceases to have effect, for the patient to be subject to a compulsory treatment order.

.

3

Section 65 of this Act shall not have effect.

SCHEDULE 4

The Social Work (Scotland) Act 1968 (c. 49)

1

• (1) The Social Work (Scotland) Act 1968 shall be amended as follows.

• (2) In section 4 (assistance by voluntary organisations in performance of functions), for the words from “section 7” to “1984” substitute “ section 25 (provision of care and support services for persons who have or have had a mental disorder), 26 (provision of services designed to promote well-being and social development of such persons) or 27 (assistance with travel in connection with such services) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) ”.

• (3) In section 5(1B) (compliance by local authorities with directions by Scottish Ministers in exercise of functions under certain Acts), for paragraph (k) substitute—

(k) the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);

.

• (4) In section 5A(4) (local authority plans for community care services), in the definition of “community care services”, for the words from “section 7” to “1984” substitute “ section 25 (provision of care and support services for persons who have or have had a mental disorder), 26 (provision of services designed to promote well-being and social development of such persons) or 27 (assistance with travel in connection with such services) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) ”.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In section 59(1) (provision by local authorities of residential and other establishments etc.), for the words “section 13A” substitute “ sections 12 and 13A ”.

• (7) In section 86(1) (recovery of expenditure on provision of services for person ordinarily resident in the area of another local authority), for paragraph (e) substitute—

(e) in the provision, for persons ordinarily so resident, of services under section 25 (care and support services for persons who have or who have had a mental disorder), 26 (services designed to promote well-being and social development of such persons) or 27 (assistance with travel in connection with such services) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);

.

• (8) In section 94(1) (interpretation), for the definition of “mental health officer” substitute—

“mental health officer” means a person appointed under subsection (1) of section 32 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13); and includes a person deemed, by virtue of subsection (3) of that section, to be so appointed;

.

The Local Government (Scotland) Act 1973 (c. 65)

2

In section 64(5) of the Local Government (Scotland) Act 1973 (enactments concerning appointment of officers continuing to have effect), for paragraph (bb) substitute—

(bb) section 32 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);

.

The National Health Service (Scotland) Act 1978 (c. 29)

3

In section 102(1) of the National Health Service (Scotland) Act 1978 (duty of Scottish Ministers to provide state hospitals)—

• (a) after the word “under” insert “ the Criminal Procedure (Scotland) Act 1995 (c. 46) or ”; and

• (b) for the words “Mental Health (Scotland) Act 1984” substitute “ Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) ”.

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

4

• (1) The Disabled Persons (Services, Consultation and Representation) Act 1986 shall be amended as follows.

• (2) In section 2(5)(b) (right of authorised representative to visit disabled person in accommodation provided by virtue of certain enactments), for the words “section 7 of the 1984 Act” substitute “ section 25 of the 2003 Act ”.

• (3) In section 16(1) (interpretation)—

• (a) for the definition of “the 1984 Act” substitute—

“the 2003 Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);

and

• (b) in paragraph (b) of the definition of “the welfare enactments”, for the words “sections 7 and 8 of the 1984 Act” substitute “ sections 25 and 26 of the 2003 Act ”.

The Tribunals and Inquiries Act 1992 (c. 53)

5

In Part II of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under the supervision of the Scottish Committee of the Council on Tribunals), after paragraph 54 insert—

Mental health	54A. The Mental Health Tribunal for Scotland constituted under section 21 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).

.

The Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

6

In section 4(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (persons detained under the Mental Health (Scotland) Act 1984 (c. 36) by virtue of transfer direction and restriction direction), for the words from first “direction” to “given”, substitute “ for treatment direction under section 136(2) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) is made ”.

The Children (Scotland) Act 1995 (c. 36)

7

In section 23(2) of the Children (Scotland) Act 1995 (children affected by disability), for the words from “suffers” to the end substitute “ has a mental disorder (as defined in section 328(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)) ”.

The Criminal Procedure (Scotland) Act 1995 (c. 46)

8

• (1) The Criminal Procedure (Scotland) Act 1995 shall be amended as follows.

• (2) In section 54 (insanity in bar of trial)—

• (a) in paragraph (c) of subsection (1)—

• (i) in sub-paragraph (i), for the words from “he” to “1984” substitute “ the conditions mentioned in subsection (2A) below are met in respect of the person ”;

• (ii) for the words “temporary hospital order” there shall be substituted “ temporary compulsion order ”;

• (iii) for the words “committing him to that hospital” substitute “ authorising the measures mentioned in subsection (2B) below in respect of the person ”;

• (b) after subsection (2) insert—

(2A) The conditions referred to in subsection (1)(c)(i) above are— (a) that the person has a mental disorder; (b) that medical treatment which would be likely to— (i) prevent the mental disorder worsening; or (ii) alleviate any of the symptoms, or effects, of the disorder, is available for the person; and (c) that if the person were not provided with such medical treatment there would be a significant risk— (a) to the health, safety or welfare of the person; or (b) to the safety of any other person. (2B) The measures referred to in subsection (1)(c)... above are— (a) in the case of a person who, when the temporary compulsion order is made, has not been admitted to the specified hospital, the removal, before the expiry of the period of 7 days beginning with the day on which the order is made of the person to the specified hospital by— (i) a constable; (ii) a person employed in, or contracted to provide services in or to, the specified hospital who is authorised by the managers of that hospital to remove persons to hospital for the purposes of this section; or (iii) a specified person; (b) the detention of the person in the specified hospital; and (c) the giving to the person, in accordance with Part 16 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), of medical treatment.

;

• (c) in subsection (4), for the word “hospital” there shall be substituted “ compulsion ”; and

• (d) in subsection (8), after “section” insert—

“medical treatment” has the same meaning as in section 52D of this Act; “specified” means specified in the temporary compulsion order; and

.

• (3) In section 57 (disposals in cases where accused found to be insane)—

• (a) in subsection (2)—

• (i) in paragraph (a), for the words from “make” to the end substitute “ subject to subsection (4) below, make a compulsion order authorising the detention of the person in a hospital ”;

• (ii) in paragraph (b), for the words from first “an” to the end substitute “ such a compulsion order, subject to subsection (4A) below, make a restriction order in respect of the person ”;

• (iii) for paragraph (bb), substitute—

(bb) subject to subsections (3A) and (4B) below, make an interim compulsion order in respect of the person;

;

• (iv) in paragraph (c), for the words from “make” to the end substitute “ subject to subsections (4C) and (6) below, make a guardianship order in respect of the person ”;

• (v) in paragraph (d)—

• (A) at the beginning insert “ subject to subsection (5) below, ”; and

• (B) after “Act)” insert “ in respect of the person ”;

• (b) in subsection (3), for the word “hospital” substitute “ compulsion ”;

• (c) after subsection (3) insert—

(3A) The court may make an interim compulsion order under paragraph (bb) of subsection (2) above in respect of a person only where it has not previously made such an order in respect of the person under that paragraph.

; and

• (d) for subsection (4) substitute—

(4) For the purposes of subsection (2)(a) above— (a) subsections (2) to (16) of section 57A of this Act shall apply as they apply for the purposes of subsection (1) of that section, subject to the following modifications— (i) references to the offender shall be construed as references to the person to whom this section applies; and (ii) in subsection (4)(b)(i), the reference to the offence of which the offender was convicted shall be construed as a reference to the offence with which the person to whom this section applies was charged; (b) section 57B of this Act shall have effect subject to the modification that references to the offender shall be construed as references to the person to whom this section applies; (c) section 57C of this Act shall have effect subject to the following modifications— (i) references to the offender shall be construed as references to the person to whom this section applies; and (ii) references to section 57A of this Act shall be construed as references to subsection (2)(a) above; and (d) section 57D of this Act shall have effect subject to the modification that references to the offender shall be construed as references to the person to whom this section applies. (4A) For the purposes of subsection (2)(b) above, section 59 of this Act shall have effect. (4B) For the purposes of subsection (2)(bb) above— (a) subsections (2) to (13) of section 53 of this Act shall apply as they apply for the purposes of subsection (1) of that section, subject to the following modifications— (i) references to the offender shall be construed as references to the person to whom this section applies; (ii) in subsection (3)(a)(ii), the reference to one of the disposals mentioned in subsection (6) of that section shall be construed as a reference to the disposal mentioned in subsection (6)(a) of that section; (iii) in subsection (4)(a), the reference to the offence of which the offender is convicted shall be construed as a reference to the offence with which the person to whom this section applies is charged; and (iv) subsection (6)(b) shall not apply; (b) section 53A of this Act shall have effect subject to the modification that references to the offender shall be construed as references to the person to whom this section applies; (c) section 53B of this Act shall have effect subject to the following modifications— (i) references to the offender shall be construed as references to the person to whom this section applies; and (ii) for paragraphs (a) and (b) of subsection (8) there shall be substituted , revoke the interim compulsion order and— (a) make an order in respect of the person under paragraph (a), (b), (c) or (d) of subsection (2) of section 57 of this Act; or (b) decide, under paragraph (e) of that subsection, to make no order in respect of the person. (d) section 53C of this Act shall have effect subject to the following modifications— (i) references to the offender shall be construed as references to the person to whom this section applies; and (ii) for paragraphs (a) to (c) of subsection (1) there shall be substituted— (a) makes an order in respect of the person under paragraph (a), (b), (c) or (d) of subsection (2) of section 57 of this Act; or (b) decides, under paragraph (e) of that subsection, to make no order in respect of the person. (e) section 53D of this Act shall have effect subject to the modification that the reference to the offender shall be construed as a reference to the person to whom this section applies. (4C) For the purposes of subsection (2)(c) above, subsections (1A), (6) to (8) and (11) of section 58 of this Act shall apply, subject to the modifications that the reference to a person convicted and any references to the offender shall be construed as references to the person to whom this section applies.

.

• (4) In section 58 (orders for hospital admission or guardianship)—

• (a) in subsection (1A), for the words “as mentioned in subsection (1) above” there shall be substituted “ in the High Court or the sheriff court of an offence, other than an offence the sentence for which is fixed by law, punishable by that court with imprisonment, ”; and

• (b) in subsection (7)—

• (i) for the words from first “the” to first “suffering” substitute “ (by reference to the appropriate paragraph (or paragraphs) of the definition of “mental disorder” in section 328(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)) the type (or types) of mental disorder that the offender has ”; and

• (ii) for the words from "the offender is described" to third “form” substitute “ the descriptions of the offender’s mental disorder by each of the medical practitioners, whose evidence is taken into account under subsection (1A)(a) above, specifies at least one type of mental disorder that is also specified by the other ”.

• (5) In section 59 (hospital orders: restrictions on discharge)—

• (a) in subsection (1)—

• (i) for the words “hospital order” there shall be substituted “ compulsion order authorising the detention of a person in a hospital by virtue of paragraph (a) of section 57A(8) of this Act ”; and

• (ii) for the words “section 62(1) of the Mental Health (Scotland) Act 1984” there shall be substituted “ Part 10 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) ”;

• (b) in subsection (2)—

• (i) for the words “medical practitioner approved by the Health Board for the purposes of section 20 of the Mental Health (Scotland) Act 1984” there shall be substituted “ approved medical practitioner ”; and

• (ii) for the words “section 58(1)(a)” there shall be substituted “ section 57A(2)(a) ”; and

• (c) after subsection (2) insert—

(2A) The court may, in the case of a person in respect of whom it did not, before making the compulsion order, make an interim compulsion order, make a restriction order in respect of the person only if satisfied that, in all the circumstances, it was not appropriate to make an interim compulsion order in respect of the person.

.

• (6) For section 59A (hospital directions) substitute—

(59A) (1) This section applies where a person, not being a child, (in this section and in sections 59B and 59C of this Act referred to as the “offender”) is convicted on indictment in— (a) the High Court; or (b) the sheriff court, of an offence punishable by imprisonment. (2) If the court is satisfied— (a) on the written or oral evidence of two medical practitioners— (i) that the conditions mentioned in subsection (3) below are met in respect of the offender; and (ii) as to the matters mentioned in subsection (4) below; and (b) that, having regard to the matters mentioned in subsection (5) below, it is appropriate, the court may, in addition to any sentence of imprisonment which it has the power or the duty to impose, make, subject to subsection (6) below, a direction (in this Act referred to as a “hospital direction”) authorising the measures mentioned in subsection (7) below. (3) The conditions referred to in subsection (2)(a)(i) above are— (a) that the offender has a mental disorder; (b) that medical treatment which would be likely to— (i) prevent the mental disorder worsening; or (ii) alleviate any of the symptoms, or effects, of the disorder, is available for the offender; (c) that if the offender were not provided with such medical treatment there would be a significant risk— (i) to the health, safety or welfare of the offender; or (ii) to the safety of any other person; and (d) that the making of a hospital direction in respect of the offender is necessary. (4) The matters referred to in subsection (2)(a)(ii) above are— (a) that the hospital proposed by the two medical practitioners mentioned in subsection (2)(a) above is suitable for the purpose of giving the medical treatment mentioned in paragraph (b) of subsection (3) above to the offender; and (b) that, were a hospital direction made, the offender could be admitted to such hospital before the expiry of the period of 7 days beginning with the day on which the direction is made. (5) The matters referred to in subsection (2)(b) above are— (a) the mental health officer’s report, prepared in accordance with section 59B of this Act, in respect of the offender; (b) all the circumstances, including— (i) the nature of the offence of which the offender was convicted; and (ii) the antecedents of the offender; and (c) any alternative means of dealing with the offender. (6) A hospital direction may authorise detention in a state hospital only if, on the written or oral evidence of the two medical practitioners mentioned in subsection (2)(a) above, it appears to the court— (a) that the offender requires to be detained in a state hospital under conditions of special security; and (b) that such conditions of special security can be provided only in a state hospital. (7) The measures mentioned in subsection (2) above are— (a) in the case of an offender who, when the hospital direction is made, has not been admitted to the specified hospital, the removal, before the expiry of the period of 7 days beginning with the day on which the direction is made, of the offender to the specified hospital by— (i) a constable; (ii) a person employed in, or contracted to provide services in or to, the specified hospital who is authorised by the managers of that hospital to remove persons to hospital for the purposes of this section; or (iii) a specified person; (b) the detention of the offender in the specified hospital; and (c) the giving to the offender, in accordance with Part 16 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), of medical treatment. (8) The court shall be satisfied as to the condition mentioned in subsection (3)(a) above only if the description of the offender’s mental disorder by each of the medical practitioners mentioned in subsection (2)(a) above specifies, by reference to the appropriate paragraph (or paragraphs) of the definition of “mental disorder” in section 328(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), at least one type of mental disorder that the offender has that is also specified by the other. (9) A hospital direction— (a) shall specify, by reference to the appropriate paragraph (or paragraphs) of the definition of “mental disorder” in section 328(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), the type (or types) of mental disorder that each of the medical practitioners mentioned in subsection (2)(a) above specifies that is also specified by the other; and (b) may include such directions as the court thinks fit for the removal of the offender to, and the detention of the offender in, a place of safety pending the offender’s admission to the specified hospital. (10) In this section— - “medical treatment” has the same meaning as in section 52D of this Act; and - “specified” means specified in the hospital direction. (59B) (1) This section applies where the court is considering making a hospital direction in relation to an offender under section 59A of this Act. (2) If directed to do so by the court, the mental health officer shall— (a) subject to subsection (3) below, interview the offender; and (b) prepare a report in relation to the offender in accordance with subsection (4) below. (3) If it is impracticable for the mental health officer to comply with the requirement in subsection (2)(a) above, the mental health officer need not do so. (4) The report shall state— (a) the name and address of the offender; (b) if known by the mental health officer, the name and address of the offender’s primary carer; (c) in so far as relevant for the purposes of section 59A of this Act, details of the personal circumstances of the offender; and (d) any other information that the mental health officer considers relevant for the purposes of that section. (5) In this section, “carer”, “primary”, in relation to a carer, and “mental health officer” have the same meanings as in section 57C of this Act. (59C) (1) If, before the expiry of the period of 7 days beginning with the day on which a hospital direction is made, it appears to the court, or, as the case may be, the Scottish Ministers, that, by reason of emergency or other special circumstances, it is not reasonably practicable for the offender to be admitted to the hospital specified in the hospital direction, the court, or, as the case may be, the Scottish Ministers, may direct that the offender be admitted to such other hospital as is specified. (2) Where— (a) the court makes a direction under subsection (1) above, it shall inform the person having custody of the offender; and (b) the Scottish Ministers make such a direction, they shall inform— (i) the court; and (ii) the person having custody of the offender. (3) Where a direction is made under subsection (1) above, the hospital direction shall have effect as if the hospital specified in the hospital direction were the hospital specified by the court, or, as the case may be, the Scottish Ministers, under subsection (1) above. (4) In this section, “court” means the court which made the hospital direction.

.

• (7) In section 60 (appeals against hospital orders)—

• (a) for the word “hospital” where it first, second and fourth occurs there shall be substituted “ compulsion ”; and

• (b) for the word “renewal” there shall be substituted “ extension ”.

• (8) In section 60A (appeal by prosecutor against hospital orders etc.), in subsection (1), for paragraphs (a) and (b) substitute—

(a) a compulsion order; (b) a restriction order; (c) a guardianship order; (d) a decision under section 57(2)(e) of this Act to make no order; or (e) a hospital direction.

.

• (9) In section 60B (intervention orders), for the word “hospital” there shall be substituted “ compulsion ”.

• (10) In section 61 (requirements as to medical evidence)—

• (a) in subsection (1), for the words from second “a” to “disorder” substitute “ an approved medical practitioner ”;

• (b) in subsection (1A)—

• (i) for “53(1)” substitute “ 52M(2)(a), 53(2)(a) ”; and

• (ii) for “58(1)(a)(i)” substitute “ 57A(2)(a) ”;

• (c) in subsection (2), after first “of” insert “ section 52D(2)(a) or ”;

• (d) in subsection (3), after “section” insert “ 52D(2)(a) or ”;

• (e) in subsection (6), for “53(1), 54(1)(c), 58(1)(a) and 59A(3)(a) and (b)” substitute “ 52M(2)(a), 53(2)(a), 54(1)(c), 57A(2)(a), 58(1A)(a), 59A(2)(a) and 60C(2)(a) ”; and

• (f) after subsection (6) insert—

(7) In this section, “approved medical practitioner” has the meaning given by section 22 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).

.

• (11) In section 118 (disposal of appeals), in subsection (6), for the words “(3) and (4)” substitute “ (3) to (6) ”.

• (12) In section 190 (disposal of appeal where appellant insane), in subsection (2), for the words “Subsection (4)” substitute “ Subsections (3) to (6) ”.

• (13) In section 200 (remand for inquiry into physical or mental conditions)—

• (a) in subsection (2), for paragraph (b)(ii) there shall be substituted—

(ii) that the accused could be admitted to a hospital that is suitable for his detention,

; and

• (b) in subsection (3)(a), for the words “a suitable hospital is available” there shall be substituted “ he could be admitted to a hospital that is suitable ”.

• (14) In section 210 (consideration of time spent in custody), in subsection (1)—

• (a) in paragraph (a), after “virtue” insert “ of an assessment order, a treatment order or an interim compulsion order or by virtue ”; and

• (b) in paragraph (c)(iii), after “virtue” insert “ of an assessment order, a treatment order or an interim compulsion order or by virtue ”.

• (15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (16) In section 307 (interpretation), in subsection (1)—

• (a) after the definition of “appropriate court” there shall be inserted—

“assessment order” has the meaning given by section 52D of this Act;

;

• (b) after the definition of “complaint” there shall be inserted—

“compulsion order” has the meaning given by section 57A of this Act;

;

• (c) after the definition of “indictment” there shall be inserted—

“interim compulsion order” has the meaning given by section 53 of this Act;

;

• (d) after the definition of “Lord Commissioner of Justiciary” there shall be inserted—

“mental disorder” has the meaning given by section 328(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13); “Mental Welfare Commission” means the Mental Welfare Commission for Scotland;

; and

• (e) after the definition of “training school order” there shall be inserted—

“treatment order” has the meaning given by section 52M of this Act;

.

The Adults with Incapacity (Scotland) Act 2000 (asp 4)

9

• (1) The Adults with Incapacity (Scotland) Act 2000 shall be amended as follows.

• (2) In section 35(5) (definitions of certain expressions for the purposes of Part 4 of Act), for the words “who is liable to be detained there under the 1984 Act” substitute “ whose detention there is authorised by virtue of the Criminal Procedure (Scotland) Act 1995 (c. 46) or the 2003 Act ”.

• (3) In section 47(2) (authority in relation to medical treatment of incapable adult), after “section” insert “ and sections 234, 237, 240, 242, 243 and 244 of the 2003 Act ”.

• (4) In section 57 (application for guardianship order)—

• (a) in subsection (3)(a), for “a” where it second occurs substitute “ an approved ”; and

• (b) after subsection (6) insert—

(7) In subsection (3)(a), “approved medical practitioner” has the meaning given by section 22 of the 2003 Act.

.

• (5) In section 87(1) (interpretation)—

• (a) in the definition of “mental disorder”, for the words from “means” to the end substitute “ has the meaning given by section 328 of the 2003 Act ”;

• (b) after the definition of “mental disorder” insert—

“mental health officer” has the meaning given by section 329 of the 2003 Act;

;

• (c) in the definition of “Mental Welfare Commission”, for the words “section 2 of the 1984 Act” substitute “ section 4 of the 2003 Act ”;

• (d) in the definition of “nearest relative”, for the words from “means” to the end substitute “ has the meaning given by section 254 of the 2003 Act ”; and

• (e) after the definition of “the 1984 Act” insert—

“the 2003 Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).

.

The Regulation of Care (Scotland) Act 2001 (asp 8)

10

In section 77(1) of the Regulation of Care (Scotland) Act 2001 (interpretation)—

• (a) in the definition of “independent hospital”, for the words from “is” to the end substitute “ , subject to subsection (2) below, is not a health service hospital ”; and

• (b) in the definition of “mental disorder”, for “Mental Health (Scotland) Act 1984 (c. 36)” substitute “ Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) ”.

The Housing (Scotland) Act 2001 (asp 10)

11

In paragraph 4(6) of schedule 7 to the Housing (Scotland) Act 2001 (power of Scottish Ministers to remove director, trustee, etc. of a registered social landlord), for the words “Mental Health (Scotland) Act 1984 (c. 36)” substitute “ Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) ”.

The Community Care and Health (Scotland) Act 2002 (asp 5)

12

• (1) The Community Care and Health (Scotland) Act 2002 shall be amended as follows.

• (2) In section 4(1) (payment towards cost of accommodation more expensive than local authority would expect usually to provide), for the words from “section 7” to “authorities)” substitute “ section 25 of the 2003 Act (provision of care and support services for persons who have or have had a mental disorder) ”.

• (3) In section 6(1)(a) (deferred payment of accommodation costs) for the words from “section 7” to “authorities)” substitute “ section 25 of the 2003 Act (provision of care and support services for persons who have or have had a mental disorder) ”.

The Scottish Public Services Ombudsman Act 2002 (asp 11)

13

In schedule 3 to the Scottish Public Services Ombudsman Act 2002 (which specifies tribunals for the purpose of making the administrative actions of certain administrative staff of those tribunals liable to investigation under that Act), after paragraph 4 insert—

(4A) The Mental Health Tribunal for Scotland.

.

SCHEDULE 5

Part 1 — Repeals

Part 2 — Revocations

SCHEDULE 6

1

Sections 33, 64 and 66 of the Mental Health (Scotland) Act 1984 (c. 36) shall, until their repeal by this Act, have effect as follows.

2

In section 33 (discharge of patients from hospital), in subsection (4)—

• (a) after “is”, where secondly occurring, insert “ not ”; and

• (b) in each of paragraphs (a) and (b) omit “not”.

3

In section 64 (appeal by patient subject to restriction order)—

• (a) in subsection (1)—

• (i) after “shall” insert “ , subject to subsection (2) of this section, ”;

• (ii) after “is”, where first occurring, insert “ not ”;

• (iii) in each of paragraphs (a) and (b) omit “not”;

• (iv) omit “and (in either case)” and paragraph (c);

• (b) in subsection (2)—

• (i) for “(1)” substitute “ (A1) ”;

• (ii) after “is”, where secondly occurring, insert “ not ”;

• (iii) for the words from “not” to “subsection”, where thirdly occurring, substitute “ is satisfied that it is appropriate for the patient to remain liable to be recalled to hospital for further treatment ”.

4

In section 66 (further consideration of case of conditionally discharged patient) in subsection (3) after “is”, where first, secondly and thirdly occurring, insert “ not ”.

Principles for discharging certain functions

The Mental Health Tribunal for Scotland

Approved medical practitioners

Provision of services and accommodation for certain patients under 18

Assistance with travel

Mental health officer’s duty to interview patient etc.

Medical examination: requirements

Mentally disordered persons subject to criminal proceedings: assessment and treatment

Mentally disordered persons subject to criminal proceedings: assessment and treatment

Mentally disordered persons subject to criminal proceedings: assessment and treatment

Remand for inquiry into mental condition: time-limit for appeals

Mentally disordered offenders: compulsion orders

Mentally disordered offenders: compulsion orders

Review of compulsion order and restriction order

Mental health officer’s duty to identify named person

Certificate under section 221: revocation by responsible medical officer

Assessment of needs for community care services etc.

Request for assessment of needs: duty on local authorities and Health Boards

Appointment of patient’s responsible medical officer

Certain surgical operations etc.

Named person where no person nominated or nominated person declines to act

Provision of information to patient

Order under section 264: further provision

Order under section 264 or 265: recall

Order under section 268: further provision

Order under section 268 or 269: recall

Order under section 265: further provision

Detention in conditions of excessive security: hospitals other than state hospitals

Order under section 268: further provision

Order under section 269: further provision

Proceedings for specific performance of statutory duty

Information for research

Removal order

Absconding etc. by other patients

Appeal to sheriff principal against certain decisions of the Tribunal

Power to prescribe forms

Appeal to Court of Session against decisions of sheriff principal

Orders, regulations and rules

Notification requirements for offenders under sections 311 and 313

Appeal to sheriff principal against certain decisions of the Tribunal

Power to prescribe forms

Status

General powers

Membership

Terms of office etc.

Eligibility for reappointment

Remuneration, pensions, allowances etc.

Appointment etc. of chief executive and other staff

Regulations as to proceedings and delegation of functions

Accounts

Members

Shrieval panel

The President

Terms of office etc.

Remuneration and pensions etc.

Organisation and administration of the functions of the Tribunal

Staff and accommodation

Finance

Rules

Practice directions

Evidence

Decisions of the Tribunal

Annual report

Disclosure of information

Allowances etc. for attendance at hearings of the Tribunal and preparation of reports

The Social Work (Scotland) Act 1968 (c.49)

The Local Government (Scotland) Act 1973 (c.65)

The National Health Service (Scotland) Act 1978 (c.29)

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33)

The Tribunals and Inquiries Act 1992 (c.53)

The Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9)

The Children (Scotland) Act 1995 (c.36)

The Criminal Procedure (Scotland) Act 1995 (c.46)

The Adults with Incapacity (Scotland) Act 2000 (asp 4)

The Regulation of Care (Scotland) Act 2001 (asp 8)

The Housing (Scotland) Act 2001 (asp 10)

The Community Care and Health (Scotland) Act 2002 (asp 5)

The Scottish Public Services Ombudsman Act 2002 (asp 11)

Editorial notes

[^c535651]: Part 17 Chapter 3 (ss. 264 - 273) in force 1.5.2006 or such earlier day as the Scottish Ministers may by order appoint, see s. 333(2)

[^c535652]: Part 17 Chapter 3 (ss. 264 - 273) in force 1.5.2006 or such earlier day as the Scottish Ministers may by order appoint, see s. 333(2)

[^c535654]: Part 17 Chapter 3 (ss. 264 - 273) in force 1.5.2006 or such earlier day as the Scottish Ministers may by order appoint, see s. 333(2)

[^c535655]: Part 17 Chapter 3 (ss. 264 - 273) in force 1.5.2006 or such earlier day as the Scottish Ministers may by order appoint, see s. 333(2)

[^c535656]: Part 17 Chapter 3 (ss. 264 - 273) in force 1.5.2006 or such earlier day as the Scottish Ministers may by order appoint, see s. 333(2)

[^c535658]: Part 17 Chapter 3 (ss. 264 - 273) in force 1.5.2006 or such earlier day as the Scottish Ministers may by order appoint, see s. 333(2)

[^c535659]: Part 17 Chapter 3 (ss. 264 - 273) in force 1.5.2006 or such earlier day as the Scottish Ministers may by order appoint, see s. 333(2)

[^c535660]: Part 17 Chapter 3 (ss. 264 - 273) in force 1.5.2006 or such earlier day as the Scottish Ministers may by order appoint, see s. 333(2)

[^key-624926cf6ffea914fc68d82a80f67cb1]: Sch. 1 para. 10 in force at 1.7.2003 by S.S.I. 2003/316, art. 2

[^key-51a6dc66456045be51e036e12471890c]: S. 4(3) in force at 1.7.2003 for specified purposes by S.S.I. 2003/316, art. 2

[^key-505f8c7796d0e8fd381af77b027f789a]: S. 21(4) in force at 26.3.2004 for specified purposes by S.S.I. 2004/153, art. 2, Sch. 1

[^key-d4942da7666e3f20d4a337cc5873108f]: S. 274 in force at 26.3.2004 by S.S.I. 2004/153, art. 2, Sch. 1

[^key-7099e960cf5b674c4eeecfdd0f4e0daa]: S. 329 in force at 26.3.2004 by S.S.I. 2004/153, art. 2, Sch. 1

[^key-8dad2c25c65bfbf0b2d55ea4116dfd44]: Sch. 2 para. 1(1)(2)(c) in force at 26.3.2004 for specified purposes by S.S.I. 2004/153, art. 2, Sch. 1

[^key-e2f47485c6820e02c7d10fee9b6efa8c]: Sch. 2 para. 3(3) in force at 26.3.2004 for specified purposes by S.S.I. 2004/153, art. 2, Sch. 1

[^key-7cb47aa479d2e1adcb2be6179408a21f]: S. 21(1)(3) in force at 3.5.2004 by S.S.I. 2004/153, art. 3, Sch. 2

[^key-f9a61af994f039b910d237110eae1b55]: S. 21(4) in force at 3.5.2004 for specified purposes by S.S.I. 2004/153, art. 3, Sch. 2

[^key-3084fdb57b848a6592aaf5e9c0a55ff8]: Sch. 2 para. 1(2)(a)(b) in force at 3.5.2004 by S.S.I. 2004/153, art. 3, Sch. 2

[^key-dc1f0b9ac6d18fdc7a09eb6530332d6c]: Sch. 2 para. 1(2)(c) in force at 3.5.2004 in so far as not already in force by S.S.I. 2004/153, art. 3, Sch. 2

[^key-6a91ebde9374d9dd54b12f0809243ed8]: Sch. 2 para. 3(1)(2)(4)-(7)in force at 3.5.2004 by S.S.I. 2004/153, art. 3, Sch. 2

[^key-37873d3fad082cb32623701348b200cb]: Sch. 2 para. 3(3) in force at 3.5.2004 in so far as not already in force by S.S.I. 2004/153, art. 3, Sch. 2

[^key-ea145354c1acf7e22e75783bc68ed76c]: Sch. 2 para. 4 in force at 3.5.2004 by S.S.I. 2004/153, art. 3, Sch. 2

[^key-1145d8c3d9fc46e9cf15dd30e2e0983d]: Sch. 2 para. 5 in force at 3.5.2004 by S.S.I. 2004/153, art. 3, Sch. 2

[^key-38046c9a708293f62f41ccce25eb63f8]: Sch. 2 para. 6 in force at 3.5.2004 by S.S.I. 2004/153, art. 3, Sch. 2

[^key-79fe63882474a5e292058c0ace912c6d]: Sch. 2 para. 7 in force at 3.5.2004 by S.S.I. 2004/153, art. 3, Sch. 2

[^key-e74d1ae0393aa5ea7d847c9854fdda46]: Sch. 2 para. 8 in force at 3.5.2004 by S.S.I. 2004/153, art. 3, Sch. 2

[^key-f9bacc87b2942c79545c44946b548964]: Sch. 2 para. 9 in force at 3.5.2004 by S.S.I. 2004/153, art. 3, Sch. 2

[^key-109589228ba38c8d9706e02cebade685]: Sch. 2 para. 10 in force at 3.5.2004 by S.S.I. 2004/153, art. 3, Sch. 2

[^key-da6c90bb6454cf167de3787b52ff8221]: Sch. 2 para. 11 in force at 3.5.2004 by S.S.I. 2004/153, art. 3, Sch. 2

[^key-8f027cc7a2756a6a8b65cdfb402d5717]: Sch. 2 para. 12 in force at 3.5.2004 by S.S.I. 2004/153, art. 3, Sch. 2

[^key-baf96971e923dfcad46d49e0fa31cd01]: Sch. 2 para. 13 in force at 3.5.2004 by S.S.I. 2004/153, art. 3, Sch. 2

[^key-e1fd03769308392ed29443fe7b2515c4]: Sch. 2 para. 15 in force at 3.5.2004 by S.S.I. 2004/153, art. 3, Sch. 2

[^key-bb529cee9bd52e219a52383ad01973ae]: Sch. 2 para. 16 in force at 3.5.2004 by S.S.I. 2004/153, art. 3, Sch. 2

[^key-8ecc3da09f449e984d050f51acf40f3a]: S. 250 in force at 1.9.2004 for specified purposes by S.S.I. 2004/367, art. 2, Sch. 1

[^key-072f5e396584b6ad11b96b3cf19f376d]: S. 258 in force at 1.9.2004 by S.S.I. 2004/367, art. 2, Sch. 1

[^key-088ad28f2f1d1e264f274bc78e02a9f6]: S. 275 in force at 1.9.2004 for specified purposes by S.S.I. 2004/367, art. 2, Sch. 1

[^key-ddc448a731f597062fbbcd2582028079]: Sch. 2 para. 1(1) in force at 1.9.2004 in so far as not already in force by S.S.I. 2004/367, art. 2, Sch. 1

[^key-c8b5f0b6b47edb50e34d519d0572bd13]: Sch. 2 para. 7(1) power to delegate functions conferred (28.9.2004) by Mental Health Tribunal for Scotland (Delegation of the President’s Functions) Regulations 2004 (S.S.I. 2004/373), regs. 1(1), 2(1)(a)

[^key-f3bb7ea13e8e77a5a733449dee22f7e0]: Sch. 2 para. 7(2) power to delegate functions conferred (28.9.2004) by Mental Health Tribunal for Scotland (Delegation of the President’s Functions) Regulations 2004 (S.S.I. 2004/373), regs. 1(1), 2(1)(b)

[^key-26070d8e2334abd42cab030907671add]: Sch. 2 para. 7(3)(a)(ii) power to delegate functions conferred (28.9.2004) by Mental Health Tribunal for Scotland (Delegation of the President’s Functions) Regulations 2004 (S.S.I. 2004/373), regs. 1(1), 2(1)(c)

[^key-e5b52efaa0c771db2420ad7b1f35209c]: Sch. 2 para. 7(3)(b) power to delegate functions conferred (28.9.2004) by Mental Health Tribunal for Scotland (Delegation of the President’s Functions) Regulations 2004 (S.S.I. 2004/373), regs. 1(1), 2(1)(d)

[^key-2655940a04c9ba8b54aaaed9581b2fdb]: Sch. 2 para. 7(4)(b) power to delegate functions conferred (28.9.2004) by Mental Health Tribunal for Scotland (Delegation of the President’s Functions) Regulations 2004 (S.S.I. 2004/373), regs. 1(1), 2(1)(e)

[^key-7ab66d663d00120a1281c93f6ba343c4]: Sch. 2 para. 7(6) power to delegate functions conferred (28.9.2004) by Mental Health Tribunal for Scotland (Delegation of the President’s Functions) Regulations 2004 (S.S.I. 2004/373), regs. 1(1), 2(1)(f)

[^key-748d4d8e908ec67807e01d15ea845971]: Sch. 2 para. 8(3) power to delegate functions conferred (28.9.2004) by Mental Health Tribunal for Scotland (Delegation of the President’s Functions) Regulations 2004 (S.S.I. 2004/373), regs. 1(1), 2(1)(g)

[^key-fbbe668d1bbcbfd2fccb3af76086ae84]: Sch. 2 para. 16(1)(2) power to delegate functions conferred (28.9.2004) by Mental Health Tribunal for Scotland (Delegation of the President’s Functions) Regulations 2004 (S.S.I. 2004/373), regs. 1(1), 2(1)(i)

[^key-9c60767f6b916ae6b7b4c781b4a4e170]: Sch. 2 para. 7(4)(a) power to delegate functions conferred (28.9.2004) by Mental Health Tribunal for Scotland (Delegation of the President’s Functions) Regulations 2004 (S.S.I. 2004/373), regs. 1(1), 2(2)

[^key-ab9fa11413e4de6a37ff3d43560aa79e]: S. 250 in force at 4.10.2004 in so far as not already in force by S.S.I. 2004/367, art. 3, Sch. 2

[^key-dc9de3962d353e67b0eaf40bb7f6134b]: S. 275 in force at 4.10.2004 in so far as not already in force by S.S.I. 2004/367, art. 3, Sch. 2

[^key-277cd5e58aaa6360bc0a142c510eb091]: S. 93(4A)-(4E) inserted (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(2)(a)

[^key-61281455482bf0cafa9ca709b486e839]: Words in s. 93(5) inserted (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(2)(b)

[^key-c5017ed1a81d8b7ccf34e9b8ec2ac29e]: Word in s. 95(a) substituted (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(3)(a)

[^key-9c998b7e67520b572139cf893e6776a0]: Words in s. 95(a) renumbered as s. 95(a)(i) (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(3)(b)

[^key-04d25261bf83bd24178661a66eb4be94]: S. 95(a)(ii)(iii) inserted (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(3)(c)

[^key-dc37fca7fc3e799cdd2bddfce92a8569]: Word in s. 158(a)(iv) omitted (2.12.2004) by virtue of Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(4)(a)

[^key-30c16e8a62fdce66904348266ca16150]: S. 158(a)(vi) and word inserted (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(4)(b)

[^key-62a127988bfc00ec1082a9d2d4ffeea9]: S. 159(4A)-(4E) inserted (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(5)(a)

[^key-f35960e1d5258570ae1670cb172ed9b2]: Words in s. 161(a) inserted (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(6)(a)

[^key-f07bf90f9c317fce7df33bfc6c00ca95]: Words in s. 161(a) renumbered as s. 161(a)(i) (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(6)(b)

[^key-f91972a8ffbf886be1702842d5fd0458]: S. 161(a)(ii)(iii) inserted (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(6)(c)

[^key-2bc1872f24a48ac3a2f5de297aa0124d]: S. 246(2) inserted (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(7)

[^key-db05f51cb9370e452fdc37fd7a1c8ab0]: S. 246(1): s. 246 renumbered as s. 246(1) (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(7)

[^key-e2e5fe5e86ab4d01f43a1e47cbd8825f]: Words in s. 274(1) inserted (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(8)(a)

[^key-5eec6dd1b21bea3f551c8da7dee73849]: Words in s. 274(4) inserted (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(8)(b)

[^key-917515b5a8a63e95a18f7feb1827ca9a]: Words in s. 274(5) inserted (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(8)(c)(i)

[^key-3337df4909abe884cffe4bb77ceb1b3e]: S. 274(5)(aa) inserted (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(8)(c)(ii)

[^key-7ef77ca08054060b879fe546c06cfa62]: S. 289(2A) inserted (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(9)

[^key-396a44152657658a002a7942b990b309]: Words in s. 290(2)(b)(i) inserted (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(10)(a)

[^key-3ca8992d18cf4c0276f363248c3b740d]: Words in s. 290(2)(b)(i) inserted (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(10)(b)

[^key-2f24a87fc976260e572d116855679fe3]: S. 310(2)(a)(ia) inserted (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(11)

[^key-742385f2caf861d1010fdacd9d6987d7]: S. 15 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-c5a6201f2fbed402983d16508bd0ba4b]: S. 17 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-364c3f4aa0f9e37db2b1e8ca42cac6b3]: S. 22 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-0529c0278e2e62aa93313fa0f373c62f]: S. 32 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-8da60a15d2e5fd24e57bdc489aa0bc9e]: S. 36 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-08267a6d235c6384cd0db064cabc9a26]: S. 44 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-d730d7d3542147f4bb14954fe69ad68c]: S. 47 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-692de10fe2abf76ee492568d93b26349]: S. 58 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-a9f93c38900db3ca902707dada4e9c3c]: S. 64 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-315cda2cbaf584c2ec4a2f390fb7df83]: S. 66 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-473c884ef577c1531272db3e4bd70aa1]: S. 76 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-9ea58464a444e46d3f64345e226b698e]: S. 87 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-3b6de4bf209e6d2a7c347e200c7a9133]: S. 92 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-e824d1decc035da316f59da2a7351b37]: S. 95 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-4c4c55b7b2032e43cf6e044719f3a6bc]: S. 96 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-8546f1556ac28ddfe628f63bb0ddcffc]: S. 109 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-7c042e275aa8ea53f9b94c4023e013fa]: S. 133 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-18aef3e779f20c6494795f189d0c6249]: S. 134 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-806126839410b1df6e16d01ee82191d1]: S. 137 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-2810999341023d929ee7513725431600]: S. 149 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-141e01620d0c39f93f9f59ab15a4de56]: S. 153 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-0429e110b61346c012ad7c28c1efe7fe]: S. 158 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-6f4551517345d7d55f6670e3ec222d27]: S. 161 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-1c534d21429bce2c07ceaeea3a963474]: S. 173 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-058d0decd303cbebfd15a12efa44bd24]: S. 191 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-88c2da49f82377241ab103e42138bdb9]: S. 231 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-4dc8fb21cf4afc4a80d29510af990c98]: S. 233 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-e79ce44bdc34885683825593649e9832]: S. 234 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-f84323b8e2b5443d2d056344a23c0678]: S. 237 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-8b571fbd05c45dda109285f8c4ea68be]: S. 240 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-b9ba71712a81c20acdef0cf4e4cdc170]: S. 244 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-3b3fcb75cde6929cd50154ab48190062]: S. 245 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-4fa9fbb5f38ccce4c7f49039e7a1b109]: S. 246 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-931369691b5814a1395f1d62f546ef18]: S. 256 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-8da1961b25adbacd509e56c3c62fb4c2]: S. 260 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-afcf074c60259caace0b9b2022702af4]: S. 279 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-8938e097a8d53fc078010dab64254716]: S. 281 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-df9262c89e284df760212f736577ed23]: S. 282 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-74810299ef2396e263f6f22ddb578496]: S. 283 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-ba1fea247f44bb17ded8fa7e3acbf973]: S. 284 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-8490504762ed1205755b2d4aa674377d]: S. 285 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-8ac88646cb9fc7f80e617e525cc46234]: S. 286 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

[^key-7662547ba13d985d9d553f290c82b4b8]: S. 289 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1