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Section 43 Effect of emergency detention certificate on certain ordersF6I1

Scotland

(1)

This section applies where—

(a)

a patient is subject to a F1relevant order; and

(b)

an emergency detention certificate is granted in respect of the patient.

(2)

F2A relevant order shall, subject to subsection (3) below, cease to authorise the measures specified in it for the period during which the patient is subject to the emergency detention certificate.

(3)

If the measure mentioned in section 66(1)(b) of this Act F3or (as the case may be) section 57A(8)(b) of the 1995 Act is specified in the F4relevant order, the relevant order shall continue to authorise that measure during the period mentioned in subsection (2) above.

F5(4)

In this section, the references to a relevant order are to—

(a)

a compulsion order, or

(b)

a compulsory treatment order or an interim compulsory treatment order.

Annotations

Textual amendments

F1

Words in s. 43(1)(a) substituted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 7(2)(a), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 7)

F2

Words in s. 43(2) substituted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 7(2)(b), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 7)

F3

Words in s. 43(3) inserted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 7(2)(c)(i), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 7)

F4

Words in s. 43(3) substituted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 7(2)(c)(ii), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 7)

F5

S. 43(4) inserted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 7(2)(d), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 7)

F6

S. 43 title substituted (30.6.2017) by virtue of Mental Health (Scotland) Act 2015 (asp 9), ss. 7(3)(a), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 7)

Commencement

I1

S. 43 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)

Notes on Effect of emergency detention certificate on certain orders

Textual amendments

F1

S. 43 cross-heading substituted (30.6.2017) by virtue of Mental Health (Scotland) Act 2015 (asp 9), ss. 7(3)(b), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 7)