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Section 11 Application to Scotland.

(1)

The provision of this section shall have effect for the purpose of the application of this Act to Scotland.

(2)

Subsections (8) and (9) of section three shall not apply.

(3)

Section four shall have effect as if there were substituted—

(a)

for any reference to the Minister of Health a reference to the Secretary of State; and

(b)

in subsection (1) for the reference to the M1National Health Service Act, 1946, a reference to F1F2the National Health Service (Scotland) Acts 1947 to 1972the National Health Service (Scotland) Act 1978; for the reference to F3the Mental Health Act 1983, a reference to F4Mental Health (Care and Treatment) (Scotland) Act 2003; and for the reference to “local health authorities” a reference to “local authorities.”

F5(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

In the application of the Schedule to Scotland—

(a)

paragraph 3 shall have effect as if the M2Poor Law Act, 1930, extended to Scotland;

(b)

paragraph 5 shall have effect as if the word “summarily” were omitted, and the reference to a time limit of one year for the institution of proceedings for recovery shall not apply.

Annotations

Textual amendments

F1

Words substituted (S.) by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), s. 109, Sch. 16 para. 1

F2

Words substituted by National Health Service (Scotland) Act 1972) (c. 58), Sch. 6 para. 78

F3

Words substituted by virtue of Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 8

F4

Words in s. 11(3)(b) substituted (27.9.2005) by Mental Health (Care and Treatment0 (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 1, Sch. 1 para. 1(2)

F5

S. 11(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 7

Marginal citations

M1

1946 c. 81.

M2

1930 c. 17.