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Contents
Announcements
B: Business Programme
C: Committee Agendas
E: Written questions
F: Motions and Amendments
G: Bills
H: New Documents
K: Progress of Parliamentary business

 

Business Bulletin No. 50/2003

Friday 14 March 2003

Section G: Bills: Notices and Amendments

  

New Bills introduced or reprinted on 13 March 2003

Dog Fouling (Scotland) Bill-The Bill was reprinted as passed (SP Bill 55B) (Member's Bill).

New amendments to Bills lodged on 13 March 2003

Mental Health (Care and Treatment) (Scotland) Bill - Stage 3

After section 19

Bill Butler

Supported by: Scott Barrie, Margaret Jamieson

106 After section 19, insert-

<Provision of services and accommodation: mothers with babies

(1) A Health Board shall provide for any woman who-

(a) is the mother or adoptive mother of a child less than one year old;

(b) cares for the child;

(c) is not likely to endanger the health or welfare of the child; and

(d) has been admitted to hospital, whether voluntarily or not, for the purposes of receiving treatment for post-natal depression,

such services and accommodation as are necessary to ensure that the woman is able, if she wishes, to care for the child in hospital.

(2) Each Health Board shall collaborate with other Health Boards to whatever extent is necessary to fulfil its duty under subsection (1) above.>

Section 20

Malcolm Chisholm

107 In section 20, page 13, line 35, after <Health> insert <(Care and Treatment)>

Section 21

Scott Barrie

108 In section 21, page 14, line 17, at end insert <; and

( ) education and associated activities.>

Section 23

Malcolm Chisholm

109 In section 23, page 15, line 9, after <Health> insert <(Care and Treatment)>

Malcolm Chisholm

110 In section 23, page 15, line 11, after <Health> insert <(Care and Treatment)>

Malcolm Chisholm

111 In section 23, page 15, line 14, after <Health> insert <(Care and Treatment)>

Malcolm Chisholm

112 In section 23, page 15, line 24, after <Health> insert <(Care and Treatment)>

Section 49

Malcolm Chisholm

113 In section 49, page 159, line 2, after <Health> insert <(Care and Treatment)>

Section 54

Mary Scanlon

114 In section 54, page 40, line 24, at end insert <subject to any specified exclusions or limitations the Tribunal considers appropriate>

After section 56

Malcolm Chisholm

115 After section 56, insert-

<Application of Chapter where patient subject to hospital direction or transfer for treatment direction

Application of Chapter where patient subject to hospital direction or transfer for treatment direction

Where a patient is subject to-

(a) a hospital direction; or

(b) a transfer for treatment direction,

this Chapter of this Act shall have effect in accordance with schedule (Application of Chapter 1 of Part 7 to certain patients) to this Act.>

Section 86

Malcolm Chisholm

116 In section 86, page 64, line 19, after <Act> insert <is detained in hospital by virtue of subsection (5A) of that section;

(b) the patient>

Malcolm Chisholm

117 In section 86, page 64, line 20, after <section> insert-

<(c) the patient's responsible medical officer-

(i) is considering under subsection (2) of section 71 of this Act whether that order should be varied by modifying the measures specified in it; or

(ii) by virtue of subsection (5) of that section, is required to make an application to the Tribunal;>

Malcolm Chisholm

118 In section 86, page 64, line 21, leave out <were not> and insert <does not continue to be>

Malcolm Chisholm

119 In section 86, page 64, line 22, leave out <would> and insert <will>

Malcolm Chisholm

120 In section 86, page 64, line 22, leave out from <and> to end of line 28

Malcolm Chisholm

121 In section 86, page 64, line 29, leave out <(2C) and (3)> and insert <(2XA) and (2YA)>

Malcolm Chisholm

122 In section 86, page 64, line 31, at end insert-

<(2XA)The power in subsection (2) above may be exercised only if-

(a) the responsible medical officer has consulted the mental health officer; and

(b) the mental health officer consents to the power being exercised.

(2YA)Before granting a certificate under subsection (2) above the responsible medical officer shall, if it is practicable to do so, consult the patient's named person.

(2ZA)A certificate under subsection (2) above-

(a) shall state the responsible medical officer's reasons for believing that paragraph (d) of that subsection applies in the patient's case; and

(b) shall be signed by the responsible medical officer.>

Malcolm Chisholm

123 In section 86, page 64, line 37, leave out <were not> and insert <does not continue to be>

Malcolm Chisholm

124 In section 86, page 64, line 38, leave out <would> and insert <will>

Malcolm Chisholm

125 In section 86, page 64, line 41, leave out <(the "72 hour period")>

Malcolm Chisholm

126 In section 86, page 65, line 2, after first <the> insert <continued>

Malcolm Chisholm

127 In section 86, page 65, line 3, leave out <expiry of the 72 hour period> and insert <granting of the certificate>

Malcolm Chisholm

128 In section 86, page 65, line 5, leave out <(2) or>

Malcolm Chisholm

129 In section 86, page 65, line 11, leave out from <(2)> to end of line 18 and insert <(2B) above-

(a) shall state the responsible medical officer's reasons for believing that subsection (2A)(c) above applies in the patient's case; and

(b) shall be signed by the responsible medical officer.>

Malcolm Chisholm

130 In section 86, page 65, line 19, leave out subsections (4) to (8)

Malcolm Chisholm

131 Divide section 86 into two sections, the first (Compulsory treatment order: detention pending review or application for variation) to consist of subsections (1) to (2ZA) and the second (Interim compulsory treatment order: detention pending further procedure) to consist of subsections (2A) to (3A)

After section 86

Malcolm Chisholm

132 After section 86, insert-

<Certificate under section 86(2) or (Interim compulsory treatment order: detention pending further procedure)(2B): notification

(1) This section applies where a certificate is granted under section 86(2) or (Interim compulsory treatment order: detention pending further procedure)(2B) of this Act in respect of a patient.

(2) The managers of the hospital in which the patient is detained shall, as soon as practicable after the granting of the certificate, give notice of its granting to-

(a) the patient;

(b) the patient's named person;

(c) any guardian of the patient; and

(d) any welfare attorney of the patient.

(3) The managers of the hospital in which the patient is detained shall, before the expiry of the period of 7 days beginning with the granting of the certificate, give notice of its granting, and send a copy of it, to-

(a) the Tribunal; and

(b) the Commission.>

Section 86A

Malcolm Chisholm

133 Leave out section 86A

After section 86A

Malcolm Chisholm

134 After section 86A, insert-

<Revocation of certificates

Certificate under section 86(2): responsible medical officer's duty to revoke

(1) Where-

(a) a patient's responsible medical officer grants, by virtue of subsection (1)(c)(i) of section (Compulsory treatment order: detention pending review or application for variation) of this Act, a certificate under subsection (2) of that section; and

(b) the responsible medical officer determines that the order should not be varied as mentioned in section 71(2) of this Act,

the responsible medical officer shall revoke the certificate.

(2) Where-

(a) a patient's responsible medical officer grants, by virtue of subsection (1)(c)(ii) of section 86 of this Act, a certificate under subsection (2) of that section; and

(b) the responsible medical officer is not satisfied that if the patient does not continue to be detained in hospital it is reasonably likely that there will be a significant deterioration in the patient's mental health,

the responsible medical officer shall revoke the certificate.>

Malcolm Chisholm

135 After section 86A, insert-

<Certificate under section (Interim compulsory treatment order: detention pending further procedure)(2B): responsible medical officer's duty to revoke

Where-

(a) a patient's responsible medical officer grants a certificate under section (Interim compulsory treatment order: detention pending further procedure)(2B) of this Act; and

(b) the responsible medical officer is not satisfied that if the patient does not continue to be detained in hospital it is reasonably likely that there will be a significant deterioration in the patient's mental health,

the responsible medical officer shall revoke the certificate.>

Malcolm Chisholm

136 After section 86A, insert-

<Revocation of certificate granted under section 86(2) or (Interim compulsory treatment order: detention pending further procedure)(2B): notification

Where a patient's responsible medical officer revokes, under section (Certificate under section 86(2): responsible medical officer's duty to revoke) or (Certificate under section (Interim compulsory treatment order: detention pending further procedure)(2B): responsible medical officer's duty to revoke) of this Act, a certificate, the responsible medical officer shall-

(a) as soon as practicable after the revocation, give notice of the revocation to the persons mentioned in subsection (2) of section (Certificate under section 86(2) or (Interim compulsory treatment order: detention pending further procedure)(2B): notification) of this Act; and

(b) before the expiry of the period of 7 days beginning with the revocation, give notice of the revocation to the persons mentioned in subsection (3) of that section.>

Malcolm Chisholm

137 After section 86A, insert-

<Certificates under sections 86(2) and (Interim compulsory treatment order: detention pending further procedure)(2B): patient's right to apply to Tribunal

(1) This section applies where a certificate is granted under section 86(2) or (Interim compulsory treatment order: detention pending further procedure)(2B) of this Act in respect of a patient.

(2) On the application of the patient or the patient's named person, the Tribunal shall, if not satisfied that if the patient does not continue to be detained in hospital it is reasonably likely that there will be a significant deterioration in the patient's mental health, revoke the certificate.>

Section 86B

Malcolm Chisholm

138 Leave out section 86B

Section 86C

Malcolm Chisholm

139 Leave out section 86C

After section 86C

Malcolm Chisholm

140 After section 86C, insert-

<Effect of section 85(5A) on order

Effect of section 85(5A) on order

(1) Subject to subsection (2) below, where a patient is detained in hospital under section 85(5A) of this Act, the compulsory treatment order or, as the case may be, interim compulsory treatment order to which the patient is subject shall cease, during the period mentioned in that section, to authorise the measures specified in it.

(2) If the measure mentioned in section 54(1)(b) of this Act is specified in the order, the order shall continue to authorise that measure during the period referred to in subsection (1) above.>

Malcolm Chisholm

141 After section 86C, insert-

<Effect of certificate under section 86(2) on order

Effect of certificate under section 86(2) on order

(1) Subject to subsection (2) below, where a certificate is granted under section 86(2) of this Act in respect of a patient, the compulsory treatment order to which the patient is subject shall cease, during the period mentioned in that section, to authorise the measures specified in it.

(2) If the measure mentioned in section 54(1)(b) of this Act is specified in the order, the order shall continue to authorise that measure during the period referred to in subsection (1) above.>

Malcolm Chisholm

142 After section 86C, insert-

<Effect of certificate under section (Interim compulsory treatment order: detention pending further procedure)(2B) on order

Effect of certificate under section (Interim compulsory treatment order: detention pending further procedure)(2B) on order

(1) Subject to subsection (2) below, where a certificate is granted under section (Interim compulsory treatment order: detention pending further procedure)(2B) of this Act in respect of a patient, the interim compulsory treatment order to which the patient is subject shall cease, during the period mentioned in that section, to authorise the measures specified in it.

(2) If the measure mentioned in section 54(1)(b) of this Act is specified in the order, the order shall continue to authorise that measure during the period referred to in subsection (1) above.>

Section 92

Malcolm Chisholm

143 In section 92, page 76, line 10, after <Health> insert <(Care and Treatment)>

Malcolm Chisholm

144 In section 92, page 76, leave out lines 34 to 39

Malcolm Chisholm

145 In section 92, page 77, leave out lines 13 to 22

Malcolm Chisholm

146 In section 92, page 77, line 31, after <Health> insert <(Care and Treatment)>

Malcolm Chisholm

147 In section 92, page 79, leave out lines 17 to 21

Malcolm Chisholm

148 In section 92, page 80, leave out lines 12 to 16

Malcolm Chisholm

149 In section 92, page 81, line 4, after <Health> insert <(Care and Treatment)>

Malcolm Chisholm

150 In section 92, page 84, line 15, after <Health> insert <(Care and Treatment)>

Malcolm Chisholm

151 In section 92, page 84, leave out lines 28 to 37

Malcolm Chisholm

152 In section 92, page 85, leave out lines 13 to 22

Malcolm Chisholm

153 In section 92, page 87, line 34, after <Health> insert <(Care and Treatment)>

Section 93

Malcolm Chisholm

154 In section 93, page 91, line 3, after <Health> insert <(Care and Treatment)>

Malcolm Chisholm

155 In section 93, page 91, line 24, leave out <200(2)(b)> and insert <200>

Malcolm Chisholm

156 In section 93, page 92, line 23, leave out <A> and insert <The>

Malcolm Chisholm

157 In section 93, page 92, line 32, leave out <would be> and insert <is>

Malcolm Chisholm

158 In section 93, page 92, line 32, leave out <for such period as the court thinks fit>

Section 95

Malcolm Chisholm

159 In section 95, page 96, line 11, after <Health> insert <(Care and Treatment)>

Malcolm Chisholm

160 In section 95, page 97, line 14, after <Health> insert <(Care and Treatment)>

Malcolm Chisholm

161 In section 95, page 97, line 20, after <Health> insert <(Care and Treatment)>

Malcolm Chisholm

162 In section 95, page 97, line 43, leave out <200(2)(b)> and insert <200>

Malcolm Chisholm

163 In section 95, page 99, leave out line 14

Malcolm Chisholm

164 In section 95, page 99, line 22, after <Health> insert <(Care and Treatment)>

Section 99A

Malcolm Chisholm

165 Leave out section 99A

Section 99B

Malcolm Chisholm

166 In section 99B, page 102, line 30, leave out <section 99E(2) of this Act and subsection (3)> and insert <subsection (2A)>

Malcolm Chisholm

167 In section 99B, page 102, line 32, leave out <does> and insert <shall>

Malcolm Chisholm

168 In section 99B page 102, line 33, at end insert-

(2A) The patient's responsible medical officer may grant a certificate under subsection (2) above only with the consent of the Scottish Ministers.>

Malcolm Chisholm

169 In section 99B, page 102, line 34, leave out subsection (3)

Malcolm Chisholm

170 In section 99B, page 102, line 39, leave out <the duration of an event> and insert-

<(ii) a series of events; or

(b) the duration of-

(i) an event; or

(ii) a series of events,>

Malcolm Chisholm

171 Move section 99B to after section 160C

Section 99C

Malcolm Chisholm

172 In section 99C, page 103, line 13, at beginning insert <Subsection (1A) below applies>

Malcolm Chisholm

173 In section 99C, page 103, line 14, leave out <and> and insert-

<(1A) If>

Malcolm Chisholm

174 In section 99C, page 103, line 18, at beginning insert <that the certificate be revoked,>

Malcolm Chisholm

175 In section 99C, page 103, line 20, leave out <granted under section 99B(2) of this Act>

Malcolm Chisholm

176 In section 99C, page 103, line 23, leave out <subsection (6)(a) of that section> and insert <section 99B(6)(a) of this Act>

Malcolm Chisholm

177 In section 99C, page 103, line 25, leave out from beginning to <certificate,> in line 26

Malcolm Chisholm

178 Move section 99C to after section 160C

Section 99D

Malcolm Chisholm

179 Leave out section 99D

Section 99E

Malcolm Chisholm

180 In section 99E, page 104, line 3, leave out subsection (1)

Malcolm Chisholm

181 In section 99E, page 104, line 7, leave out <Where, in such a case> and insert <Subsection (2A) below applies where>

Malcolm Chisholm

182 In section 99E, page 104, line 8, leave out <and> and insert-

<(2A) If>

Malcolm Chisholm

183 In section 99E, page 104, line 12, at beginning insert <that the certificate be revoked,>

Malcolm Chisholm

184 In section 99E, page 104, line 13, leave out <granted under section 99B(2) of this Act>

Malcolm Chisholm

185 In section 99E, page 104, line 18, leave out <subsection (6)(a) of that section> and insert <section 99B(6)(a) of this Act>

Section 99F

Malcolm Chisholm

186 Leave out section 99F

Section 99G

Malcolm Chisholm

187 Leave out section 99G

Section 99H

Malcolm Chisholm

188 Leave out section 99H

Section 99I

Malcolm Chisholm

189 Leave out section 99I

Section 99J

Malcolm Chisholm

190 Leave out section 99J

Section 99K

Malcolm Chisholm

191 Leave out section 99K

Section 99L

Malcolm Chisholm

192 Leave out section 99L

Section 99M

Malcolm Chisholm

193 Leave out section 99M

Section 99N

Malcolm Chisholm

194 Leave out section 99N

Section 99O

Malcolm Chisholm

195 Leave out section 99O

Section 99P

Malcolm Chisholm

196 Leave out section 99P

Section 160D

Malcolm Chisholm

197 In section 160D, page 155, line 29, at end insert-

<(ya) a treatment order;

(za) an interim compulsion order;>

Malcolm Chisholm

198 In section 160D, page 155, line 35, leave out from <compulsion> to <does> in line 36 and insert <order or direction to which the patient is subject shall>

Malcolm Chisholm

199 In section 160D, page 155, line 38, leave out <shall> and insert <may>

Malcolm Chisholm

200 In section 160D, page 156, line 8, leave out subsection (5)

Malcolm Chisholm

201 In section 160D, page 156, line 14, leave out <the duration of an event> and insert-

<(ii) a series of events; or

(b) the duration of-

(i) an event; or

(ii) a series of events,>

Malcolm Chisholm

202 In section 160D, page 156, line 27, after <days> insert <or

(b) a period which, when taken together with the period specified in any other certificate granted under that subsection, would exceed 28 days>

Malcolm Chisholm

203 In section 160D, page 156, line 28, at end insert <the persons mentioned in subsection (9A) below.

(9A) Those persons are>

Section 160E

Malcolm Chisholm

204 In section 160E, page 156, line 38, leave out subsection (1)

Malcolm Chisholm

205 In section 160E, page 157, line 2, at beginning insert <Subsection (2A) below applies>

Malcolm Chisholm

206 In section 160E, page 157, line 3, leave out <and> and insert-

<(2A) If>

Malcolm Chisholm

207 In section 160E, page 157, line 7, at beginning insert <that the certificate be revoked,>

Malcolm Chisholm

208 In section 160E, page 157, line 9, leave out <granted under section 160D(2) of this Act>

Malcolm Chisholm

209 In section 160E, page 157, line 15, leave out <subsection (8)(a) of that section> and insert <section 160D(8)(a) of this Act>

Section 160F

Malcolm Chisholm

210 In section 160F, page 157, line 26, leave out subsection (1)

Malcolm Chisholm

211 In section 160F, page 157, line 30, at beginning insert <Subsection (2A) below applies>

Malcolm Chisholm

212 In section 160F, page 157, line 31, leave out <and> and insert-

<(2A) If>

Malcolm Chisholm

213 In section 160F, page 157, line 35, at beginning insert <that the certificate be revoked,>

Malcolm Chisholm

214 In section 160F, page 157, line 36, leave out <granted under section 160D(2) of this Act>

Malcolm Chisholm

215 In section 160F, page 158, line 6, leave out <subsection (8)(a) of that section> and insert <section 160D(8)(a) of this Act>

Section 167

Shona Robison

216 In section 167, page 163, line 25, after <if> insert-

<(a) the patient does not resist or object to the treatment; and

(b)>

Shona Robison

217 In section 167, page 163, line 29, at end insert-

<( ) the patient does not object to the treatment;>

Section 189

Malcolm Chisholm

218 In section 189, page 184, line 30, after <Health> insert <(Care and Treatment)>

Malcolm Chisholm

219 In section 189, page 184, line 34, after <Health> insert <(Care and Treatment)>

Section 204

Malcolm Chisholm

220 In section 204, page 203, line 8, after <section> insert <85(5A) or>

Malcolm Chisholm

221 In section 204, page 203, line 35, leave out subsection (5)

Section 205

Malcolm Chisholm

222 In section 205, page 204, line 7, after second <the> insert <patient's>

Malcolm Chisholm

223 In section 205, page 205, line 7, at end insert <; or

( ) on being taken into custody under section 85 of this Act>

Section 206

Malcolm Chisholm

224 In section 206, page 205, line 17, leave out subsection (3)

Malcolm Chisholm

225 In section 206, page 205, line 17, at end insert-

<( ) Where, in the case of a patient who is subject to a compulsory treatment order, the patient's unauthorised absence has continued for a period of 3 months, the order shall then cease to have effect.>

Section 207

Malcolm Chisholm

226 In section 207, page 205, line 23, leave out from <within> to end of line 25 and insert <before the beginning of the period of 14 days ending with the day when the compulsory treatment would, apart from this subsection, cease to authorise the measures specified in it,>

Malcolm Chisholm

227 In section 207, page 205, line 26, leave out <, subject to subsection (2) below, cease to authorise those measures> and insert <cease to have effect>

Malcolm Chisholm

228 In section 207, page 205, line 32, at end insert-

<( ) Where any part of the period of 14 days referred to in subsection (2) above occurs within the period of 2 months mentioned in subsection (4) of section 60 or subsection (3) of section 61 of this Act, the review which would (apart from this subsection) have been carried out during that period of 2 months under that section shall not be carried out.>

Malcolm Chisholm

229 In section 207, page 205, line 33, after first <The> insert <other>

Malcolm Chisholm

230 In section 207, page 205, line 34, leave out <to (6)> and insert <and (5)>

Malcolm Chisholm

231 In section 207, page 205, line 38, after <the> insert <other>

Malcolm Chisholm

232 In section 207, page 205, line 40, after <the> insert <other>

Malcolm Chisholm

233 In section 207, page 206, line 1, leave out subsection (6)

Section 209

Malcolm Chisholm

234 In section 209, page 206, line 13, leave out from <for> to end of line 15 and insert <be treated as having continued in effect and, subject to subsection (2) below, as continuing in effect until the end of the period of 14 days beginning with the day on which the patient's unauthorised absence ceased.>

Malcolm Chisholm

235 In section 209, page 206, line 19, at end insert-

<( ) Where any part of the period of 14 days referred to in subsection (1A) above occurs within the period of 2 months mentioned in subsection (4) of section 60 or subsection (3) of section 61 of this Act, the review which would (apart from this subsection) have been carried out during that period of 2 months under that section shall not be carried out.>

Malcolm Chisholm

236 In section 209, page 206, line 20, leave out <(6)> and insert <(5)>

Malcolm Chisholm

237 In section 209, page 206, line 20, leave out from first <in> to second <(1)> in line 21 and insert <for the purposes of a review under subsection (1A) above as they apply for the purposes of a review under subsection (2)>

Malcolm Chisholm

238 In section 209, page 206, line 22, at end insert-

<( ) Where-

(a) the compulsory treatment order to which a patient is subject is, under this section, treated as continuing in effect; and

(b) the patient's unauthorised absence-

(i) began at a time when a review of the order was being carried out under section 60 or 61 of this Act; and

(ii) lasted for 28 consecutive days or any shorter period,

then anything done by the patient's responsible medical officer for the purposes of that review which (apart from this subsection) would fall to be done for the purposes of a review under this section need not, for those latter purposes, be done.>

Section 210

Malcolm Chisholm

239 In section 210, page 206, line 37, leave out <(6)> and insert <(5)>

Malcolm Chisholm

240 In section 210, page 206, line 37, leave out from first <in> to second <(1)> in line 38 and insert <for the purposes of a review under subsection (1A) above as they apply for the purposes of a review under subsection (2)>

Malcolm Chisholm

241 In section 210, page 206, line 39, at end insert-

<( ) Where-

(a) the compulsory treatment order to which a patient is subject is, under this section, treated as continuing in effect; and

(b) the patient's unauthorised absence-

(i) began at a time when a review of the order was being carried out under section 60 or 61 of this Act; and

(ii) lasted for 28 consecutive days or any shorter period,

then anything done by the patient's responsible medical officer for the purposes of that review which (apart from this subsection) would fall to be done for the purposes of a review under this section need not, for those latter purposes, be done.>

Section 214

Malcolm Chisholm

242 In section 214, page 208, line 29, after <Health> insert <(Care and Treatment)>

Section 216

Malcolm Chisholm

243 In section 216, page 210, line 2, after <Health> insert <(Care and Treatment)>

Section 219

Malcolm Chisholm

244 In section 219, page 214, line 25, leave out from beginning to <plan;> and insert-

<(ba) any guardian of the person;

(bb) any welfare attorney of the person;

(c) the mental health officer;>

Malcolm Chisholm

245 In section 219, page 214, line 30, after <person;> insert-

<(ba) any guardian of the person;

(bb) any welfare attorney of the person;>

Malcolm Chisholm

246 In section 219, page 214, line 39, at end insert-

<(ba) any guardian of the person;

(bb) any welfare attorney of the person;>

Malcolm Chisholm

247 In section 219, page 215, line 2, leave out <paragraph (a) or (b)> and insert <paragraphs (a) to (bb)>

Section 221

Malcolm Chisholm

248 In section 221, page 215, line 18, leave out <restricted>

Malcolm Chisholm

249 In section 221, page 215, line 26, after <person;> insert-

<(ba) any guardian of the person;

(bb) any welfare attorney of the person;>

Section 230

Malcolm Chisholm

250 In section 230, page 221, line 25, leave out <The Scottish Ministers may be order make such> and insert <Schedule (Transitory amendments of the Mental Health (Scotland) Act 1984) to this Act (which contains certain transitory amendments of the Mental Health (Scotland) Act 1984) shall have effect.

(2) The Scottish Ministers may by order make such other>

After schedule 2

Malcolm Chisholm

251 After schedule 2, insert-

<SCHEDULE

(introduced by section (Application of Chapter where patient subject to hospital direction or transfer for treatment direction))

Application of Chapter 1 of Part 7 to certain patients

1 Section 45(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 53(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 155(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 155(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 53(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 53A of this Act shall not have effect.>

Schedule 3

Malcolm Chisholm

252 In schedule 3, page 233, line 26, after <Health> insert <(Care and Treatment)>

Malcolm Chisholm

253 In schedule 3, page 233, line 30, after <Health> insert <(Care and Treatment)>

Malcolm Chisholm

254 In schedule 3, page 233, line 36, after <Health> insert <(Care and Treatment)>

Malcolm Chisholm

255 In schedule 3, page 234, line 5, after <Health> insert <(Care and Treatment)>

Malcolm Chisholm

256 In schedule 3, page 234, line 7, after <Health> insert <(Care and Treatment)>

Malcolm Chisholm

257 In schedule 3, page 234, line 9, after <Health> insert <(Care and Treatment)>

Malcolm Chisholm

258 In schedule 3, page 234, line 18, after <Health> insert <(Care and Treatment)>

Malcolm Chisholm

259 In schedule 3, page 234, line 22, after <Health> insert <(Care and Treatment)>

Malcolm Chisholm

260 In schedule 3, page 234, line 28, after <Health> insert <(Care and Treatment)>

Malcolm Chisholm

261 In schedule 3, page 234, line 37, after <Health> insert <(Care and Treatment)>

Malcolm Chisholm

262 In schedule 3, page 235, line 8, after <Health> insert <(Care and Treatment)>

Malcolm Chisholm

263 In schedule 3, page 235, line 14, after <Health> insert <(Care and Treatment)>

Malcolm Chisholm

264 In schedule 3, page 236, line 11, after <Health> insert <(Care and Treatment)>

Malcolm Chisholm

265 In schedule 3, page 237, line 28, after <Health> insert <(Care and Treatment)>

Malcolm Chisholm

266 In schedule 3, page 238, line 8, after <Health> insert <(Care and Treatment)>

Malcolm Chisholm

267 In schedule 3, page 238, line 21, after <Health> insert <(Care and Treatment)>

Malcolm Chisholm

268 In schedule 3, page 239, line 9, leave out <word "1984" substitute "2003"> and insert <words "section 2 of the 1984 Act" substitute "section 2 of the 2003 Act";>

Malcolm Chisholm

269 In schedule 3, page 239, line 14, after <Health> insert <(Care and Treatment)>

Malcolm Chisholm

270 In schedule 3, page 239, line 19, leave out <"1984 (c.36)" substitute> and insert <"Mental Health (Scotland) Act 1984 (c.36)" substitute "Mental Health (Care and Treatment) (Scotland) Act>

Malcolm Chisholm

271 In schedule 3, page 239, line 24, leave out <"1984 (c.36)" substitute> and insert <"Mental Health (Scotland) Act 1984 (c.36)" substitute "Mental Health (Care and Treatment) (Scotland) Act>

After schedule 4

Malcolm Chisholm

272 After schedule 4, insert-

<Schedule

(introduced by section 230(1))

Transitory amendments of the mental health (scotland) act 1984

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".>

 

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