§ (1) An order made under this Act that a defective be sent to an institution or placed under guardianship shall expire at the end of one year from its date, unless continued in manner hereinafter provided:
§ Provided that in the case of any institution the Board may fix four quarterly dates in each year and direct that orders that persons be sent thereto shall, unless continued as hereinafter provided, expire at the quarterly date next after the day on which the orders would have expired under the above provision.
§ (2) An order shall remain in force for a year after the date when under the preceding provisions of this Section it would have expired, and thereafter for successive periods of three years, if at that elate and at. the end of each period of one and three years respectively the Board, after considering such special report and certificate as is herein-after mentioned, intimate to the defective, and his parent or guardian, if any, and to any local authority concerned, that the continuance of the order is required in the interests of the defective. Provided that where a defective was, at the time of being sent to the institution or placed under guardianship, under twenty-one years of age, the case shall be reconsidered by the Board within three months after he attains the age of twenty-one years.
1681§ (3) On such consideration or reconsideration the Board, if it appears to them that further detention in an institution or under guardianship is no longer required in the interests of the defective, shall order him to be discharged:
§ Provided that if the Board do not order his discharge the defective or his parent or guardian or the local authority concerned may within fourteen days after intimation of the decision of the Board appeal to the sheriff, who shall hold such inquiry and subject to the provisions of this Act shall dispose of the appeal by discharging the defective or otherwise as he shall think fit.
§ (4) The special report above mentioned shall be a special report as to the mental and bodily condition of the defective made, in the case of a person detained in an institution, by the medical officer of that institution, and in any other case by a duly qualified practitioner, and shall be accompanied by a certificate under his hand that the defective is still a proper person to be detained in an institution or under guardianship, and the person sending the special report shall give to the Board such further information concerning the defective to whom the special report relates as they may require.
§ (5) Notwithstanding anything in this Section contained, an order made upon a petition presented by a school board shall cease to have effect when the defective attains the age of sixteen; but without prejudice to his being further dealt with as in this Act provided.
§ (6) A certificate under the hand of the secretary to the Board that an order has been continued to the date therein mentioned shall be, sufficient evidence of the fact.
§ Amendments made: In Sub-section (2), after the word "mentioned" ["certificate as is herein-after mentioned"], insert the words "and the means of care and supervision which would be available if he were discharged."
§ In Sub-section (2) leave out the words "and to an" ["his parent or guardian, if any, and to an local authority concerned"] and insert instead thereof the words "or any other person who presented the original petition and to any."
§ In Sub-section (3), after the word, "guardian" ["or his parent or guardian or the local authority"], insert the words "or 1682 any other person who presented the original petition."
§ In Sub-section (4) after the word "qualified" ["a duly qualified practitioner"], insert the word "medical."—[Mr. McKinnon wood.]