The Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Order 2005

PART 1INTRODUCTION

Citation and commencement

1.  This Order may be cited as the Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Order 2005 and shall come into force on 5th October 2005.

Interpretation

2.—(1) In this Order–

“the 1984 Act” means the Mental Health (Scotland) Act 1984;

“1984 Act patient” means a person liable to be detained in a hospital immediately before 5th October 2005 in pursuance of an application for admission made under Part 5 of the Mental Health (Scotland) Act 1984(1) or treated as so liable;

“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995;

“1995 Act patient” means a person liable or treated as liable to be detained in a hospital immediately before 5th October 2005 under a hospital order or an order having the effect of a hospital order made under the 1995 Act;

“the 2003 Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003;

“deemed community compulsion order” means the compulsion order mentioned in article 16(1);

“deemed community compulsory treatment order” means the compulsory treatment order mentioned in article 14(1);

“deemed compulsion order” means the compulsion order mentioned in article 9(1);

“deemed compulsory treatment order” means the compulsory treatment order mentioned in article 3(1);

“existing community patient” means a patient who was subject to a community care order under the 1984 Act immediately before 5th October 2005;

“existing patient” means a patient liable to be detained in hospital immediately before 5th October 2005 under the 1984 Act or the 1995 Act;

“hospital direction patient” means a patient who immediately before 5th October 2005 was subject to a hospital direction made under section 59A of the 1995 Act;

“restricted patient” means a 1995 Act patient who immediately before 5th October 2005, was subject to the special restrictions set out in section 62(1) of the 1984 Act;

“transfer direction patient” means a patient who immediately before 5th October 2005 was subject to a transfer direction made under section 71 of the 1984 Act or treated as so subject.

(2) Any reference to an order or direction having been made includes a reference to its being treated as having been made.