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(9) In section 60B (intervention orders), for the word “hospital” there shall be substituted “compulsion”.

(10) In section 61 (requirements as to medical evidence)—

(a) in subsection (1), for the words from second “a” to “disorder” substitute “an approved medical practitioner”;

(b) in subsection (1A)—

(i) for “53(1)” substitute “52M(2)(a), 53(2)(a)”; and

(ii) for “58(1)(a)(i)” substitute “57A(2)(a)”;

(c) in subsection (2), after first “of” insert “section 52D(2)(a) or”;

(d) in subsection (3), after “section” insert “52D(2)(a) or”;

(e) in subsection (6), for “53(1), 54(1)(c), 58(1)(a) and 59A(3)(a) and (b)” substitute “52M(2)(a), 53(2)(a), 54(1)(c), 57A(2)(a), 58(1A)(a), 59A(2)(a) and 60C(2)(a)”; and

(f) after subsection (6) insert—

“(7) In this section, “approved medical practitioner” has the meaning given by section 22 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).”.

(11) In section 118 (disposal of appeals), in subsection (6), for the words “(3) and (4)” substitute “(3) to (6)”.

(12) In section 190 (disposal of appeal where appellant insane), in subsection (2), for the words “Subsection (4)” substitute “Subsections (3) to (6)”.

(13) In section 200 (remand for inquiry into physical or mental conditions)—

(a) in subsection (2), for paragraph (b)(ii) there shall be substituted—

“(ii) that the accused could be admitted to a hospital that is suitable for his detention,”; and

(b) in subsection (3)(a), for the words “a suitable hospital is available” there shall be substituted “he could be admitted to a hospital that is suitable”.

(14) In section 210 (consideration of time spent in custody), in subsection (1)—

(a) in paragraph (a), after “virtue” insert “of an assessment order, a treatment order or an interim compulsion order or by virtue”; and

(b) in paragraph (c)(iii), after “virtue” insert “of an assessment order, a treatment order or an interim compulsion order or by virtue”.

(15) In section 230 (probation orders requiring treatment for mental disorder)—

(a) in subsection (1)—

(i) for the words “a registered medical practitioner approved under section 20 of the Mental Health (Scotland) Act 1984” there shall be substituted “an approved medical practitioner”; and

(ii) for the words “hospital order under Part V of that Act, or under this Act,” there shall be substituted “compulsory treatment order under section 64 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) or a compulsion order”; and

(b) in subsection (2), in paragraph (a), for “1984” there shall be substituted “2003”.

(16) In section 307 (interpretation), in subsection (1)—

(a) after the definition of “appropriate court” there shall be inserted—

““assessment order” has the meaning given by section 52D of this Act;”;

(b) after the definition of “complaint” there shall be inserted—

““compulsion order” has the meaning given by section 57A of this Act;”;

(c) after the definition of “indictment” there shall be inserted—

““interim compulsion order” has the meaning given by section 53 of this Act;”;

(d) after the definition of “Lord Commissioner of Justiciary” there shall be inserted—

““mental disorder” has the meaning given by section 328(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);

“Mental Welfare Commission” means the Mental Welfare Commission for Scotland;”; and

(e) after the definition of “training school order” there shall be inserted—

““treatment order” has the meaning given by section 52M of this Act;”.

The Adults with Incapacity (Scotland) Act 2000 (asp 4)

9 (1) The Adults with Incapacity (Scotland) Act 2000 shall be amended as follows.

(2) In section 35(5) (definitions of certain expressions for the purposes of Part 4 of Act), for the words “who is liable to be detained there under the 1984 Act” substitute “whose detention there is authorised by virtue of the Criminal Procedure (Scotland) Act 1995 (c. 46) or the 2003 Act”.

(3) In section 47(2) (authority in relation to medical treatment of incapable adult), after “section” insert “and sections 234, 237, 240, 242, 243 and 244 of the 2003 Act”.

(4) In section 57 (application for guardianship order)—

(a) in subsection (3)(a), for “a” where it second occurs substitute “an approved”; and

(b) after subsection (6) insert—

“(7) In subsection (3)(a), “approved medical practitioner” has the meaning given by section 22 of the 2003 Act.”.

(5) In section 87(1) (interpretation)—

(a) in the definition of “mental disorder”, for the words from “means” to the end substitute “has the meaning given by section 328 of the 2003 Act”;

(b) after the definition of “mental disorder” insert—

““mental health officer” has the meaning given by section 329 of the 2003 Act;”;

(c) in the definition of “Mental Welfare Commission”, for the words “section 2 of the 1984 Act” substitute “section 4 of the 2003 Act”;

(d) in the definition of “nearest relative”, for the words from “means” to the end substitute “has the meaning given by section 254 of the 2003 Act”; and

(e) after the definition of “the 1984 Act” insert—

““the 2003 Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).”.

The Regulation of Care (Scotland) Act 2001 (asp 8)

10 In section 77(1) of the Regulation of Care (Scotland) Act 2001 (interpretation)—

(a) in the definition of “independent hospital”, for the words from “is” to the end substitute “, subject to subsection (2) below, is not a health service hospital”; and

(b) in the definition of “mental disorder”, for “Mental Health (Scotland) Act 1984 (c. 36)” substitute “Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)”.

The Housing (Scotland) Act 2001 (asp 10)

11 In paragraph 4(6) of schedule 7 to the Housing (Scotland) Act 2001 (power of Scottish Ministers to remove director, trustee, etc. of a registered social landlord), for the words “Mental Health (Scotland) Act 1984 (c. 36)” substitute “Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)”.

The Community Care and Health (Scotland) Act 2002 (asp 5)

12 (1) The Community Care and Health (Scotland) Act 2002 shall be amended as follows.

(2) In section 4(1) (payment towards cost of accommodation more expensive than local authority would expect usually to provide), for the words from “section 7” to “authorities)” substitute “section 25 of the 2003 Act (provision of care and support services for persons who have or have had a mental disorder)”.

(3) In section 6(1)(a) (deferred payment of accommodation costs) for the words from “section 7” to “authorities)” substitute “section 25 of the 2003 Act (provision of care and support services for persons who have or have had a mental disorder)”.

The Scottish Public Services Ombudsman Act 2002 (asp 11)

13 In schedule 3 to the Scottish Public Services Ombudsman Act 2002 (which specifies tribunals for the purpose of making the administrative actions of certain administrative staff of those tribunals liable to investigation under that Act), after paragraph 4 insert—

“4A The Mental Health Tribunal for Scotland.”.