New amendments to Bills lodged on 18 May 2015
Mental Health (Scotland) Bill – Stage 2
Section 44
Jamie Hepburn
120 In section 44, page 29, line 2, at end insert—
<( ) the terms of any restrictions on things O may do which have been imposed on O as conditions on conditional discharge under section 193(7) or section 200(2) of the Mental Health Act (including under section 193(7) as applied by section 201(3) or 204(3) of that Act),>
Section 45
Jamie Hepburn
121 In section 45, page 29, line 32, after <granting> insert <for the first time>
Jamie Hepburn
122 In section 45, page 29, line 36, after <granting> insert <for the first time>
Jamie Hepburn
123 In section 45, page 30, line 10, leave out <paragraph (b) or (c) of section 17B(5)> and insert <section 17B(5)(b)>
Section 47
Jamie Hepburn
124 In section 47, page 31, line 30, at end insert—
<( ) to such a certificate being granted for the first time is to such a certificate being granted for the first time—
(i) since the person was detained under the particular order or direction which authorises the person’s detention in a hospital (or would do, but for the certificate’s being granted), or
(ii) in a case where the person, while subject to that order or direction, has been recalled to hospital under section 202 of the Mental Health Act, since the person was so recalled (or most recently so recalled if it has happened more than once).”.>
Section 49
Jamie Hepburn
125 In section 49, page 32, line 28, leave out <the decision> and insert <a decision about what (if any) conditions to impose on the patient’s conditional discharge under subsection (7)>
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