§ 35. Mr. Dempseyasked the Secretary of State for Scotland, in view of the experience recently gained of the working of Section 36 (3) (c) of the Mental Health (Scotland) Act, if he will introduce legislation to repeal this subsection.
§ Mr. MaclayNo. The subsection has been in operation only since 1st June, but it is the same in effect as the provision it supesedes, which had operated without causing any difficulties for almost 100 years, and I know of no reason why it should be changed. I should add that this Section does not apply to patients who have been through the courts and whose discharge is subject to the Secretary of State's decision.