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The Mental Health (Cross border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005

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Suspension of effect of warrant

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11.—(1) Where an appeal in respect of a proposed removal is made to–

(a)the Tribunal under regulation 13(1);

(b)the sheriff principal under section 320 of the 2003 Act(1), as applied by these regulations; or

(c)the Court of Session under section 321 or 322 of that Act, as applied by these regulations,

the effect of any warrant issued shall be suspended and the removal shall not take place pending the determination of the appeal.

(2) Where a reference is made by the Commission to the Tribunal under regulation 17, the effect of any warrant issued shall be suspended and the removal shall not take place pending the determination of the reference.

(3) On the determination of an appeal or reference, the Scottish Ministers may vary or re-issue any warrant as may be necessary to give effect to such determination and to enable the patient’s removal to take place.

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