# The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005, Article 11: Provisions as to custody, removal and detention


(1) Any person required or authorised by or by virtue of the 2003 Act or by virtue of this Order to be moved to any place or to be kept in custody or detained in a place of safety shall, while being so moved, kept or detained, as the case may be, be deemed to be in legal custody.
(2) A constable or any other person required or authorised by or by virtue of that Act or by virtue of this Order to take any person into custody, or to move or detain any person shall, for the purposes of taking him into custody or moving or detaining him, have all the powers, authorities, protection and privileges which a constable has–
(a) in the case of a constable, within the area for which he acts as constable; and
(b) in the case of any other person, in the area where he has taken any person into custody or is moving or detaining him.

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Source: https://www.legislation.gov.uk/uksi/2005/2078/article/11 (the official version)
Page: https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003-consequential-provisions-order-2005/article-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.