Section 272 Proceedings for specific performance of statutory dutyI1 I2

Scotland

(1)

The duties imposed by virtue of—

F1(a)

an order under section 264(2) of this Act, or

(c)

an order under section 268(2) of this Act,

shall not be enforceable by proceedings for specific performance of a statutory duty under section 45(b) of the Court of Session Act 1988 (c. 36).

(2)

Without prejudice to the rights of any other person, the duties imposed by virtue of—

F2(a)

an order under section 265(3) of this Act, or

(c)

an order under section 269(3) of this Act,

shall be enforceable by proceedings by the Commission for specific performance of a statutory duty under section 45(b) of that Act of 1988.

Annotations

F1: S. 272(1)(a)(c) substituted for s. 272(1)(a)-(d) (16.11.2015) by Mental Health (Scotland) Act 2015 (asp 9), ss. 15(8)(a), 61(2); S.S.I. 2015/361, art. 2 (with arts. 4-6)
F2: S. 272(2)(a)(c) substituted for s. 272(2)(a)-(d) (16.11.2015) by Mental Health (Scotland) Act 2015 (asp 9), ss. 15(8)(b), 61(2); S.S.I. 2015/361, art. 2 (with arts. 4-6)

I1: 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)
I2: S. 272 in force at 1.5.2006 or such earlier day as the Scottish Ministers may by order appoint, see s. 333(2)