Mental Health (Scotland) Act 1984

Section 127(1).

SCHEDULE 3Consequential Amendments

The Improvement of Land Act 1864 (c. 114)

1In section 68 for the words " Mental Health (Scotland) Act 1960 " there shall be substituted the words " Mental Health (Scotland) Act 1984 ".

The Colonial Prisoners Removal Act 1884 (c. 31)

2In section 10(4)—

(a)in paragraph (a) for the words " section sixty-four of the Mental Health (Scotland) Act 1960" there shall be substituted the words " section 69 of the Mental Health (Scotland) Act 1984 "; and

(b)in paragraph (b) for the words " sixty-six" and " sixty-seven " there shall be substituted " 71 " and " 72 " respectively.

Nursing Homes Registration (Scotland) Act 1938 (c. 73)

3In section 10(1)(ii) for the words "Mental Health (Scotland) Act 1960 " there shall be substituted the words " Mental Health (Scotland) Act 1984 ".

The Polish Resettlement Act 1947 (c. 19)

4In section 11(3)(b) for the words " Mental Health (Scotland) Act 1960 " there shall be substituted the words " Mental Health (Scotland) Act 1984 ".

The Army Act 1955 (c. 18)

5In section 116(7) for the words " section 64 of the Mental Health (Scotland) Act 1960 " there shall be substituted the words " section 69 of the Mental Health (Scotland) Act 1984 ".

The Air Force Act 1955 (c. 19)

6In section 116(7) for the words " section 64 of the Mental Health (Scotland) Act 1960 " there shall be substituted the words " section 69 of the Mental Health (Scotland) Act 1984 ".

The Naval Discipline Act 1957 (c. 53)

7In section 71(6) for the words " section 64 of the Mental Health (Scotland) Act 1960" there shall be substituted the words " section 69 of the Mental Health (Scotland) Act 1984 ".

Local Government (Scotland) Act 1966 (c. 51)

8In Part II of Schedule 4 in paragraph 25 for the words " section 15(4) of the Mental Health (Scotland) Act 1960 " there shall be substituted the words " Section 12(3) of the Mental Health (Scotland) Act 1984 ".

The Criminal Justice Act 1967 (c. 80)

9In section 72—

(a)in subsection (1)(b) for the words " section 36 or 106 of the Mental Health (Scotland) Act 1960 " there shall be substituted the words " section 28, 44 or 121 of the Mental Health (Scotland) Act 1984 ";

(b)in subsection (3) for the words " section 105 of the Mental Health (Scotland) Act 1960" and " 1960" there shall be substituted the words " section 120 of the Mental Health (Scotland) Act 1984 "and " 1984 " respectively ; and

(c)in subsection (4) for the words "Part V of the Mental Health (Scotland) Act 1960 " and " or 1960 " there shall be substituted the words " Part VI of the Mental Health (Scotland) Act 1984 " and " or Part VI of the said Act of 1984 " respectively.

The Courts-Martial (Appeals) Act 1968 (c. 20)

10In section 20(4) for the words " Part V of the Mental Health (Scotland) Act 1960 " there shall be substituted the words " Part VI of the Mental Health (Scotland) Act 1984 ".

11In section 23(1) for the words " Section 64 of the Mental Health (Scotland) Act 1960 " there shall be substituted the words " section 69 of the Mental Health (Scotland) Act 1984 ".

12In section 25(4) for the words " Mental Health (Scotland) Act 1960 " there shall be substituted the words " Mental Health (Scotland) Act 1984 ".

13In section 43(4) for the words " Mental Health (Scotland) Act 1960 " there shall be substituted the words " Mental Health (Scotland) Act 1984 ".

The Social Work (Scotland) Act 1968 (c. 49)

14In section 1(4)(b) for the words " Mental Health (Scotland) Act 1960 " there shall be substituted the words " Mental Health (Scotland) Act 1984 ".

15In section 16(3) for the words " Mental Health (Scotland) Act 1960 " there shall be substituted the words " Mental Health (Scotland) Act 1984 ".

16In section 46—

(a)in subsection (1) for the words "Part IV of the Mental Health (Scotland) Act 1960 " there shall be substituted the words " Part V of the Mental Health (Scotland) Act 1984 "; and

(b)in subsection (2) for the words " section 23(3) of the said Act of 1960 " there shall be substituted the words " section 17(2) of the said Act of 1984 ".

17In section 94(1)—

(a)in the definition of " hospital" for the words " Mental Health (Scotland) Act 1960" and " Part VII of the said Act of 1960" there shall be substituted the words " Mental Health (Scotland) Act 1984 " and " Part VIII of the said Act of 1984 " respectively;

(b)in the definition of " mental disorder " for the words " section 6 of the Mental Health (Scotland) Act 1960 " there shall be substituted the words " section 1(2) of the Mental Health (Scotland) Act 1984 "; and

(c)in the definition of " mental health officer " for the words " said Act of 1960 " there shall be substituted the words " said Act of 1984 ".

The Local Authority Social Services Act 1970 (c. 42)

18In Schedule 1 for the words " Mental Health (Scotland) Act 1960 (c.61.)" there shall be substituted the words " Mental Health (Scotland) Act 1984 ".

Chronically Sick and Disabled Persons Act 1970 (c. 44)

19In section 18(2) for the words " section 6 of the Mental Health (Scotland) Act 1960 " there shall be substituted the words " section 1(2) of the Mental Health (Scotland) Act 1984 ".

The Guardianship Act 1973 (c. 29)

20In section 10(7) for the words " Mental Health (Scotland) Act 1960 " there shall be substituted the words " Mental Health (Scotland) Act 1984 ".

Local Government (Scotland) Act 1973 (c. 65)

21In section 64(5) for paragraph (bb) there shall be substituted the following paragraph—

“(bb)section 9 of the Mental Health (Scotland) Act 1984 (appointment of mental health officers);”.

The Rehabilitation of Offenders Act 1974 (c. 53)

22In section 5(7) for the words " Part V of the Mental Health (Scotland) Act 1960 " there shall be substituted the words " Part VI of the Mental Health (Scotland) Act 1984 ".

The Criminal Procedure (Scotland) Act 1975 (c. 21)

23In section 13—

(a)in subsection (1)(b) for the words " section 36 or 106 of the Mental Health (Scotland) Act 1960 " there shall be substituted the words " section 28, 44 or 121 of the Mental Health (Scotland) Act 1984 ";

(b)in subsection (3) for the words " section 105 of the Mental Health (Scotland) Act 1960 " and " 1960 " where it second appears there shall be substituted the words " section 120 of the Mental Health (Scotland) Act 1984 " and " 1984" respectively; and

(c)in subsection (4) for the words " Part V of the Mental Health (Scotland) Act 1960 " there shall be substituted the words " Part VI of the Mental Health (Scotland) Act 1984 ".

24In section 25(2) for the words " Part IV of the Mental Health (Scotland) Act 1960 " there shall be substituted the words " Part V of the Mental Health (Scotland) Act 1984 ".

25In section 174A(1) for the words " section 6(1) of the Mental Health (Scotland) Act 1960" there shall be substituted the words " Section 1(2) of the Mental Health (Scotland) Act 1984 ".

26In section 175(1) for the words " 23(1)", " 25(1A)(a)" and " Mental Health (Scotland) Act 1960 " there shall be substituted the words " 17(1) ", " 36(a) " and " Mental Health (Scotland) Act 1984 " respectively.

27In section 176(1) for the words " section 27 of the Mental Health (Scotland) Act 1960" there shall be substituted the words " section 20 or section 39 of the Mental Health (Scotland) Act 1984 ".

28In section 178—

(a)in subsection (1) for the words " section 60(3) of the Mental Health (Scotland) Act 1960 " there shall be substituted the words " section 62(1) of the Mental Health (Scotland) Act 1984 ";

(b)in subsection (2) for the words " section 27 of the Mental Health (Scotland) Act 1960 " there shall be substituted the words " section 20 or section 39 of the Mental Health (Scotland) Act 1984 "; and

(c)in subsection (3) for the words "section 58(4) of the Mental Health (Scotland) Act 1960 " there shall be substituted the words " section 60(4) of the Mental Health (Scotland) Act 1984 ".

29In section 184—

(a)in subsection (1) for the words " section 27 of the Mental Health (Scotland) Act 1960 " and " Part V of that Act" there shall be substituted the words " section 20 or 39 of the Mental Health (Scotland) Act 1984 " and " Part VI of that Act" respectively;

(b)in subsection 2(a) for the words " Mental Health (Scotland) Act 1960" there shall be substituted the words " Mental Health (Scotland) Act 1984 ".

30In section 322—

(a)in subsection (1)(b) for the words " section 36 or 106 of the Mental Health (Scotland) Act 1960 " there shall be substituted the words " section 28, 44, or 121 of the Mental Health (Scotland) Act 1984 ";

(b)in subsection (3) for the words " section 105 of the Mental Health (Scotland) Act 1960 " and " 1960 " where it second occurs there shall be substituted the words " section 120 of the Mental Health (Scotland) Act 1984 " and " 1984 " respectively ; and

(c)in subsection (4) for the words " Part V of the Mental Health (Scotland) Act 1960 " there shall be substituted the words " Part VI of the Mental Health (Scotland) Act 1984 ".

31In section 330(2) for the words " Part IV of the Mental Health (Scotland) Act 1960 " there shall be substituted the words " Part V of the Mental Health (Scotland) Act 1984 ".

32In section 375(A)(1) for the words " section 6(1) of the Mental Health (Scotland) Act 1960" there shall be substituted the words " section 1(2) of the Mental Health (Scotland) Act 1984 ".

33In section 376(1) for the words " 23(1) ", " 25(1)(a) " and " Mental Health (Scotland) Act 1960 " there shall be substituted the words " 17(1) " , " 36(a) " and " Mental Health (Scotland) Act 1984 " respectively.

34In section 377(1) for the words "section 27 of the Mental Health (Scotland) Act 1960" there shall be substituted the words " section 20 or section 39 of the Mental Health (Scotland) Act 1984 ".

35In section 379—

(a)in subsection (1) for the words " section 60(3) of the Mental Health (Scotland) Act 1960 " there shall be substituted the words " section 62(1) of the Mental Health (Scotland) Act 1984 ";

(b)in subsection (2) for the words "section 27 of the Mental Health (Scotland) Act 1960 " there shall be substituted the words " section 20 or section 39 of the Mental Health (Scotland) Act 1984 "; and

(c)in subsection (3) for the words " section 58(4) of the Mental Health (Scotland) Act 1960 " there shall be substituted the words " section 62(1) of the Mental Health (Scotland) Act 1984 ".

36In section 385—

(a)in subsection (1) for the words " section 27 of the Mental Health (Scotland) Act 1960 " and " Part V of that Act" there shall be substituted the words " section 20 or 39 of the Mental Health (Scotland) Act 1984 " and " Part VI of that Act" respectively;

(b)in subsection 2(a) for the words " Mental Health (Scotland) Act 1960 " there shall be substituted the words " Mental Health (Scotland) Act 1984 ".

37In section 462—

(a)in the definition of " hospital" for the words " Part III of the Mental Health (Scotland) Act 1960" there shall be substituted the words " Part IV of the Mental Health (Scotland) Act 1984 ";

(b)in the definition of "responsible medical officer" for the words " section 53 of the Mental Health (Scotland) Act 1960 " there shall be substituted the words " section 59 of the Mental Health (Scotland) Act 1984 "; and

(c)in the definition of "State hospital" for the words "Part VII of the Mental Health (Scotland) Act 1960 " there shall be substituted the words " Part VIII of the Mental Health (Scotland) Act 1984 ".

The Adoption (Scotland) Act 1978 (c. 28)

38In section 32(3)(c) for the words " section 23 of the Mental Health (Scotland) Act 1960 " there shall be substituted the words " section 17 or 39 of the Mental Health (Scotland) Act 1984 ".

The National Health Service (Scotland) Act 1978 (c. 29)

39In section 100(1) for the words " Mental Health (Scotland) Act 1960 " there shall be substituted the words " Mental Health (Scotland) Act 1984 ".

40In section 102(1) for the words " Mental Health (Scotland) Act 1960 " there shall be substituted the words " Mental Health (Scotland) Act 1984 ".

41In section 108(1) in the definitions of " illness " and " state hospital" for the words " Mental Health (Scotland) Act 1960 " there shall be substituted the words " Mental Health (Scotland) Act 1984 ".

42In paragraph 7 of Schedule 14, for the words " Mental Health (Scotland) Act i960 " there shall be substituted the words " Mental Health (Scotland) Act 1984 ".

The Child Care Act 1980 (c. 5)

43In section 79(5)(d) for the words "Mental Health (Scotland) Act 1960" there shall be substituted the words " Mental Health (Scotland) Act 1984 ".

The Reserve Forces Act 1980 (c. 9)

44In paragraph (2)(b) of Schedule 2 for the words " Mental Health (Scotland) Act 1960 " there shall be substituted the words " Mental Health (Scotland) Act 1984 ".

The Concessionary Travel for Handicapped Persons (Scotland) Act 1980 (c. 29)

45In section 2(1)(a) for the words "Mental Health (Scotland) Act 1960" there shall be substituted the words " Mental Health (Scotland) Act 1984 ".

Solicitors (Scotland) Act 1980 (c. 46)

46In section 18(1) for the words " Mental Health (Scotland) Act 1960 " there shall be substituted the words " Mental Health (Scotland) Act 1984 ".

Tenants' Rights, Etc. (Scotland) Act 1980 (c.52)

47In section 1(10)(o) for the words " section 89 of the Mental Health (Scotland) Act 1960 " there shall be substituted the words " section 90 of the Mental Health (Scotland) Act 1984 ".

The Contempt of Court Act 1981 (c. 49)

48In paragraph (10)(b) of Schedule 1 for the words " section 68(1) of the Mental Health (Scotland) Act 1960 " there shall be substituted the words " section 73(1) of the Mental Health (Scotland) Act 1984 ".

The Mental Health Act 1983 (c. 20)

49In section 69(2)(a) for the words " section 73(2) of the Mental Health (Scotland) Act 1960 " there shall be substituted the words " section 77(2) of the Mental Health (Scotland) Act 1984 ".

50In section 79(1)(c) for the words " section 73(2) of the Mental Health (Scotland) Act 1960" there shall be substituted the words " section 77(2) of the Mental Health (Scotland) Act 1984 ".

51In section 80, in subsections (4) and (7) for the words " Mental Health (Scotland) Act 1960 " there shall be substituted the words " Mental Health (Scotland) Act 1984 ".

52In section 88(3)(a) for the words "Mental Health (Scotland) Act 1960" there shall be substituted the words " Mental Health (Scotland) Act 1984

53In section 90 for the words "Part VI of the Mental Health (Scotland) Act 1960 " there shall be substituted the words " Part VII of the Mental Health (Scotland) Act 1984 ".

54In section 92(3) for the words " Part VI of the Mental Health (Scotland) Act 1960" there shall be substituted the words " Part VII of the Mental Health (Scotland) Act 1984 ".

55In section 116(2) for the words "Mental Health (Scotland) Act 1960 " there shall be substituted the words " Mental Health (Scotland) Act 1984 ".

56In section 135—

(a)in subsection (2) for the words " Mental Health (Scotland) Act 1960 " there shall be substituted the words " Mental Health (Scotland) Act 1984 ".

(b)in subsection (4) for the words " Mental Health (Scotland) Act 1960" there shall be substituted the words " Mental Health (Scotland) Act 1984 ".