Section 43 Effect of emergency detention certificate on certain ordersF6I1
Scotland
This section applies where—
a patient is subject to a F1relevant order; and
an emergency detention certificate is granted in respect of the patient.
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.
In this section, the references to a relevant order are to—
a compulsion order, or
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)