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The Mental Health (Patients in the Community) (Transfer from England and Wales to Scotland) Regulations 1996

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Section 35B (Community care applications)

2.—(1) In section 35B—

(a)subsection (1) shall be deleted;

(b)for subsection (2) there shall be substituted—

“(2) Before making a community care application the applicant shall—

(a)consult the persons specified in subsection (3) below, and

(b)consider the matters specified in subsection (5) below.”;

(c)for subsection (3)(b) there shall be substituted—

“(b)the persons who have been principally concerned with the patient’s medical treatment while he was subject to after-care under supervision in England and Wales;”;

(d)for subsection (3)(d) there shall be substituted—

“(d)the person who was the patient’s supervisor while he was subject to after-care under supervision and the person who is to be the patient’s after-care officer;”.

(2) In sections 35B(3)(e) and (f), 35B(4), 35B(6)(a) and (d), and 35B(10) for “the responsible medical officer” there shall be substituted “the applicant”.

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