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Mental Health (Scotland) Act 1984
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Changes over time for: Section 35J
Version Superseded: 05/10/2005
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- 01/04/1996- Amendment
- 01/04/1997
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[F1F235J Patients in custody or admitted to hospital in pursuance of emergency recommendations.S
(1)This section applies where a patient who is subject to a community care order—
(a)is detained in custody in pursuance of any sentence or order passed or made by a court in the United Kingdom (including an order committing or remanding him in custody); or
(b)is detained in a hospital under section 24, 26 or 26A of this Act.
(2)For so long as the patient is detained as mentioned in subsection (1)(a) or (b) above the period for which, under section 35C of this Act, the community care order has effect shall continue to run but the conditions to which he is subject under that order shall not apply in relation to him.
(3)If the patient is detained as mentioned in paragraph (a) of subsection (1) above for a period of, or successive periods amounting in the aggregate to, 6 months or less, or is detained as mentioned in paragraph (b) of that subsection, and, apart from this subsection, the community care order—
(a)would have ceased to have effect during the period for which he is so detained; or
(b)would cease to have effect during the period of 28 days beginning with the day on which he ceases to be so detained,
the order shall be deemed not to have ceased, and shall not cease, to have effect until the end of that period of 28 days.
(4)Where the period for which the patient is subject to a community care order is extended by subsection (3) above, any examination and report to be made and furnished in respect of the patient under section 35C(3) and (5) of this Act may be made and furnished within the period as so extended.
(5)Where, by virtue of subsection (4) above, a community care order is renewed for a further period after the day on which (apart from subsection (3) above) the order would have ceased to have effect, the further period shall be deemed to have commenced with that day.]
Textual Amendments
F1Ss. 35A-35K inserted (1.4.1996) by 1995 c. 52, ss. 4(1), 7(2)
F2S. 35J inserted (1.4.1996) by 1996 c. 52, ss. 4(1), 7(2)
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