Search Legislation

Crime and Punishment (Scotland) Act 1997

Status:

This is the original version (as it was originally enacted).

9Power to specify hospital unit

(1)Subject to subsection (2) below, any power to specify a hospital which is conferred by—

(a)section 57(2)(a) of the 1995 Act (disposal where accused insane);

(b)section 58 of the 1995 Act (hospital orders);

(c)section 59A of the 1995 Act (hospital directions); or

(d)section 71 of the 1984 Act (transfer direction),

includes a power to specify a hospital unit; and where such a unit is specified in relation to any person in the exercise of such a power, any reference in any enactment (including one contained in this Act) to him being, or being liable to be, detained in a hospital shall be construed accordingly.

(2)In subsection (1) above—

(a)paragraph (a) shall not apply unless the court also makes an order under paragraph (b) of section 57(2) of the 1995 Act;

(b)paragraph (b) shall not apply unless the court also makes an order under section 59 of the 1995 Act;

(c)paragraph (d) shall not apply unless the Secretary of State also gives a direction under section 72 of the 1984 Act.

(3)In this section—

  • “hospital”, in relation to the exercise of a power, has the same meaning as in the enactment which confers the power;

  • “hospital unit” means any part of a hospital which is treated as a separate unit.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources