Article 8 Victim’s right to information on offender subject to compulsion order: sections 16A to 16C of the 2003 Act

(1)

Despite the commencement of section 55 of the Act—

(a)

section 16C(2)(e) of the 2003 Act (information to be given under section 16A) has no effect where the compulsion order referred to in that section has been varied before the appointed day;

(b)

section 16C(2)(g) of the 2003 Act has no effect where the order mentioned in that subsection has been made before the appointed day, if the Scottish Ministers have recalled O to hospital under section 202 of the 2003 Mental Health Act (recall of patients from conditional discharge) before that day;

(c)

where sub-paragraph (b) applies, section 16C(2)(h) and (2)(i) of the 2003 Act have no effect;

(d)

section 16C(3)(b) of the 2003 Act has no effect where O has returned to hospital before the appointed day; and

(e)

section 16C(3)(d) of the 2003 Act has no effect where the certificate mentioned in section 16C(3)(c) was revoked before the appointed day.

(2)

For the purposes of paragraph (1), O is to be treated as having been recalled to hospital under section 202 of the 2003 Mental Health Act before the appointed day if O has returned, or has been returned, to hospital before that day in pursuance of a warrant issued by the Scottish Ministers under that section.

(3)

In this article, “O” has the same meaning as in section 16A(1) of the 2003 Act.