SCHEDULE 1
Article 2
MODIFICATION OF ENACTMENTS
Polish Resettlement Act 1947 (c. 19)
1.—(1) The Polish Resettlement Act 1947 is amended as follows.
(2) In section 11 (application to Scotland), in subsection (3)(b) for “Mental Health (Scotland) Act 1984” substitute “Mental Health (Care and Treatment) (Scotland) Act 2003”.
National Assistance Act 1948 (c. 29)
2.—(1) The National Assistance Act 1948 is amended as follows.
(2) In section 65 (general provisions as to application to Scotland) in paragraph (f)2, for “section 7 (functions of local authorities) of the Mental Health (Scotland) Act 1984” substitute “section 25 (care and support services etc.) of the Mental Health (Care and Treatment) (Scotland) Act 2003”.
Police (Scotland) Act 1967 (c. 77)
3.—(1) The Police (Scotland) Act 1967 is amended as follows.
(2) In section 9 (civilian employees)3, in subsection (1D) for “Mental Health (Scotland) Act 1984 (c. 36)” substitute “ Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)” and for “Act of 1984” substitute “Act of 2003”.
Social Work (Scotland) Act 1968 (c. 49)
4.—(1) The Social Work (Scotland) Act 1968 is amended as follows.
(2) In section 1 (local authorities for the administration of the Act) in subsection (4)(b)4, for “Mental Health (Scotland) Act 1984” substitute “Mental Health (Care and Treatment) (Scotland) Act 2003”.
(3) In section 92A (power of the Secretary of State to make grants)5, for “sections 7 and 8 of the Mental Health (Scotland) Act 1984” substitute “sections 25 to 31 of the Mental Health (Care and Treatment) (Scotland) Act 2003”.
(4) In section 94 (interpretation), in subsection (1)6–
(a)
(a) for the definition of “hospital” substitute–
““hospital” has the meaning assigned to it by section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003”; and
(b)
(b) in the definition of “mental disorder” for “section 1(2) of the Mental Health (Scotland) Act 1984” substitute “section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003”.
Chronically Sick and Disabled Persons Act 1970 (c. 44)
5.—(1) The Chronically Sick and Disabled Persons Act 1970 is amended as follows.
(2) In section 18 (information as to accommodation of younger with older persons under Part III of National Assistance Act 1948), in subsection (2)7, for “section 1(2) of the Mental Health (Scotland) Act 1984” substitute “section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003”.
Rehabilitation of Offenders Act 1974 (c. 53)
6.—(1) The Rehabilitation of Offenders Act 1974 is amended as follows.
(2) In section 5 (rehabilitation periods for particular sentences) in subsection (7)8, for “Part VI of the Mental Health (Scotland) Act 1984 (with or without a restriction order)” substitute “Part VI of the Criminal Procedure (Scotland) Act 1995”.
National Health Service (Scotland) Act 1978 (c. 29)
7.—(1) The National Health (Service) Act 1978 is amended as follows.
(2) In section 100 (accommodation for persons displaced in course of development) in subsection (1)9, for “Mental Health (Scotland) Act 1984” substitute “Mental Health (Care and Treatment) (Scotland) Act 2003”.
(3) In section 108 (interpretation and construction) in subsection (1), in the definition of “illness”10, for “the Mental Health (Scotland) Act 1984” substitute “section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003”.
Concessionary Travel for Handicapped Persons (Scotland) Act 1980 (c. 29)
8.—(1) The Concessionary Travel for Handicapped Persons (Scotland) Act 1980 is amended as follows.
(2) In section 2 (interpretation)11, in subsection (1)(a) for “the Mental Health (Scotland) Act 1984” substitute “section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003”.
Solicitors (Scotland) Act 1980 (c. 46)
9.—(1) The Solicitors (Scotland) Act 1980 is amended as follows.
(2) In section 18 (suspension of practising certificates) in subsection (1)(a)–
(a)
(a) for “Mental Health (Scotland) Act 1984” substitute “Mental Health (Care and Treatment) (Scotland) Act 2003”; and
(b)
(b) for “admitted to hospital and becomes liable to be detained there” substitute “detained in hospital”.
(3) In section 19 (further provisions relating to suspension of practising certificate), in subsection (5A) for “liable to be detained” substitute “detained in hospital”.
(4) In section 24F (suspension of registration certificates)12, in subsection (1)(a)–
(a)
(a) for “Mental Health (Scotland) Act 1984” substitute “Mental Health (Care and Treatment) (Scotland) Act 2003”; and
(b)
(b) for “admitted to a hospital and becomes liable to be detained there or becomes subject to guardianship” substitute “detained in hospital”.
(5) In section 24G (further provisions relating to suspension of registration certificate)13for “liable to be detained or subject to guardianship” substitute “detained”.
Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)
10.—(1) The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 is amended as follows.
(2) In Schedule 1 (ineligibility for and disqualification and excusal from jury service), Part I (persons ineligible), Group C (the mentally disordered)14–
(a)
(a) for “Mental Health (Scotland) Act 1960” substitute “Mental Health (Care and Treatment) (Scotland) Act 2003”; and
(b)
(b) in paragraph (a)(i) for “resident in a hospital” substitute “detained in hospital under the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)or the Criminal Procedure (Scotland) Act 1995 (c. 46)”.
Contempt of Court Act 1981 (c. 49)
11.—(1) The Contempt of Court Act 1981 is amended as follows.
(2) In Schedule 1 (times when proceedings are active for purposes of section 2), in paragraph 10 (criminal proceedings ceasing to be active)15, in sub-paragraph (b) for “a transfer order ceases to have effect by virtue of section 73(1) of the Mental Health (Scotland) Act 1984” substitute “an assessment order or a treatment order ceases to have effect by virtue of sections 52H or 52R respectively of the Criminal Procedure (Scotland) Act 1995”.
Representation of the People Act 1983 (c. 2)
12.—(1) The Representation of the People Act 1983 is amended as follows.
(2) In section 3A (disfranchisement of offenders detained in mental hospitals)16in subsection (3)–
(a)
(a) in paragraph (a), after “57(2)(a) or (b)” insert “, 57A(2)”; and
(b)
(b) in paragraph (b), for “section 69 of the Mental Health (Scotland) Act 1984 or section 71 of that Act (being a person to whom that section applies by virtue of subsection (2)(a) of that section)” substitute “section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003”.
(3) In section 7 (residence: patients in mental hospitals who are not detained offenders or on remand)17, in subsection (6)(b), for “Mental Health (Scotland) Act 1984” substitute “Mental Health (Care and Treatment) (Scotland) Act 2003”.
(4) In section 7A (residence: persons remanded in custody etc.)18, in subsection (6)(d), for “a committal to a hospital under section 52” substitute “an assessment order under section 52D or a treatment order under section 52M”.
Mental Health Act 1983 (c. 20)
13.—(1) The Mental Health Act 1983 is amended as follows.
(2) In section 80 (removal of patient to Scotland)19in subsection (7) for “Mental Health (Scotland) Act 1984” substitute “Mental Health (Care and Treatment) (Scotland) Act 2003”.
(3) In section 88 (patients absent from hospitals in England and Wales)20, in subsection (3)(a) for “Mental Health (Scotland) Act 1984” substitute “Mental Health (Care and Treatment) (Scotland) Act 2003”.
Health and Social Services and Social Security Adjudications Act 1983 (c. 41)
14.—(1) The Health and Social Services and Social Security Adjudications Act 1983 is amended as follows.
(2) In section 21 (recovery of sums due to local authority where persons in residential accommodation have disposed of assets), in subsection (8)21for “section 7 (functions of local authorities) of the Mental Health (Scotland) Act 1984” substitute “section 25 (care and support services etc.) of the ...
