Mental Health (Detention) (Scotland) Act 1991 (repealed)

Section 21 of the Mental Health (Scotland) Act 1984 (approval by sheriff of applications for admission to hospital) shall be amended as follows.

After subsection (3) there shall be inserted the following subsections—

After subsection (5) there shall be inserted the following subsection—

In section 26(7) of the Mental Health (Scotland) Act 1984 (short term detention), at the beginning there shall be inserted the words “Subject to section 21(3B) and (3C) of this Act,”.

In section 28(4) of that Act (return and readmission of patients absent without leave: hospital), for the words “24(3), 25(2) or 26(3)” there shall be substituted “21(3B) (subject, where applicable, to section 21(3C)), 24(3), 25(2), 26(3) or 26A(2)”.

In section 33 of that Act (discharge of patients: hospital)—

In section 35 of that Act (appeals to the sheriff: hospital), in each of subsections (2) and (3), after the word “sections” there shall be inserted “or under section 26A of this Act”.

In section 59 of that Act (interpretation of Part V), at the end there shall be added the following subsection—

In Schedule 2 to that Act (application of provisions of Part V to patients subject to hospital or guardianship orders)—

This Act may be cited as the Mental Health (Detention) (Scotland) Act 1991.

This Act shall come into force on such date as the Secretary of State may appoint by order made by statutory instrument.

This Act extends to Scotland only.