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| Report
on the Review of the Mental Health (Scotland) Act 1984Footnotes Section
71 1984 Act, ss.77 (1) and 80 (1)
2 1984 Act, ss.77 (2) and
80 (2)
3 Reform of the Mental Health Act 1983: Proposals for Consultation
(Dept of Health 1999) Chapter 6
4 Mental Health (Patients in the Community)
(Transfer from England and Wales to Scotland) Regulations 1996, (SI No 742)
5 Convention on the International Protection of Adults Article 1:
"1. This
Convention applies to the protection in international situations of adults who,
by reason of an impairment or insufficiency of their personal faculties, are not
in a position to protect their interests.
2. Its objects are -
a)
to determine the State whose authorities have jurisdiction to take measures
directed to the protection of the person or property of the adult;
b) to
determine which law is to be applied by such authorities in exercising their jurisdiction;
c) to determine the law applicable to representation of the adult;
d) to provide for the recognition and enforcement of such measures of protection
in all Contracting States;
e) to establish such co-operation between
the authorities of the Contracting States as may be necessary in order to achieve
the purposes of this Convention."
6 Article 5
7 1984 Act, s.83
8 Scotland Act 1998, s. 29 and s. 57 (2)
9 Winterwerp v the
Netherlands, 1979 2 EHRR 387
10 X v UK 1981 4 EHRR 188
11 Anderson, Doherty and Reid v the Scottish Ministers and the Advocate
General for Scotland, Court of Session 16 June 2000 |
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