{
  "url": "https://openlegislation.uk/mental-health-scotland-act-2015/section-35",
  "json_url": "https://openlegislation.uk/mental-health-scotland-act-2015/section-35.json",
  "legislation": "asp/2015/9",
  "legislation_title": "Mental Health (Scotland) Act 2015",
  "legislation_url": "https://openlegislation.uk/mental-health-scotland-act-2015",
  "path": "section/35",
  "kind": "section",
  "number": "35",
  "heading": "Compulsory treatment of prisoners",
  "text": "(1) The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.\n(2) In schedule 2 (the Mental Health Tribunal for Scotland), in paragraph 7—\n(a) in sub-paragraph (4), for the words “(other than proceedings relating solely to an application under section 255 or 256 of this Act)” there is substituted “ (other than excepted proceedings) ”,\n(b) after sub-paragraph (4) there is inserted—\n“(4A) For the purpose of sub-paragraph (4) above, the following are excepted proceedings—\n(a) proceedings relating solely to an application under section 255 or 256 of this Act, or\n(b) proceedings relating to an application for a compulsory treatment order in respect of a patient subject to—\n(i) a hospital direction, or\n(ii) a transfer for treatment direction.”.\n(3) In schedule 3 (application of Chapter 1 of Part 7 to certain patients), after paragraph 1 there is inserted—\n“\n1A In the case of a patient subject to a hospital direction or a transfer for treatment direction, section 60(1) of this Act shall have effect as if, after paragraph (b), there were inserted—\n“(ba) to the Scottish Ministers;””.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 35 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch. (with art. 17)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2015/9/section/35",
    "retrieved_at": "2026-10-29T20:13:46.056099+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}