Mental Health (Care and Treatment) (Scotland) Act 2003

Supplementary S

245 Certificates under sections 235, 236, 239 and 241 S

(1) This section applies to certificates under sections 235, 236, 239 and 241 of this Act.

(2) A certificate shall contain such particulars as may be prescribed by regulations.

(3) Before giving a certificate, the person giving it shall consult—

(a) subject to subsection (4) below—

(i) the patient; F1 ...

(ii) the patient’s named person; and

[F2 (iii) any guardian of the patient; and

(iv) any welfare attorney of the patient;]

(b) such person or persons as appear to the person giving the certificate to be principally concerned with the patient’s medical treatment.

(4) The person giving a certificate need not consult any person such as is mentioned in paragraph (a) of subsection (3) above in any case where it is impracticable to do so.

(5) A person who gives a certificate shall, before the expiry of the period of 7 days beginning with the day on which the certificate is given, send a copy of it to the Commission.

Textual Amendments

F1 Word in s. 245(3)(a) repealed (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 30(2)(a), 61(2); S.S.I. 2017/197, art. 2, sch.

F2 S. 245(3)(a)(iii)(iv) inserted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 30(2)(b), 61(2); S.S.I. 2017/197, art. 2, sch.

Commencement Information

I1 S. 245 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

I2 S. 245 in force at 5.10.2005 in so far as not already in force by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)

246 Certificates under section 238 S

[F3 (1)] A certificate under section 238 of this Act shall contain such particulars as may be prescribed by regulations.

[F4 (2) A person who gives a certificate under section 238 of this Act shall, before the expiry of the period of 7 days beginning with the day on which the certificate is given, send a copy of it to the Commission.]

Textual Amendments

F3 S. 246(2) inserted (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(7)

F4 S. 246(1): s. 246 renumbered as s. 246(1) (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(7)

Commencement Information

I3 S. 246 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

I4 S. 246 in force at 5.10.2005 in so far as not already in force by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)

247 Scope of consent or certificate under sections 235, 236, 238, 239 and 241 S

Any—

(a) consent; or

(b) certificate,

given under section 235, 236, 238, 239 or 241 of this Act may relate to a plan of treatment under which (whether during a specified period or otherwise) one or more of the types of treatment to which the consent or certificate relates is to be given to the patient.

Commencement Information

I5 S. 247 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)

248 Sections 235, 236, 238, 239 and 241: review of treatment etc. S

(1) Where medical treatment is given to a patient by virtue of section 235, 236,[F5 238,] 239 or 241 of this Act, the patient’s responsible medical officer shall—

(a) on the next occasion after the giving of the treatment on which the patient’s responsible medical officer submits a record to the Tribunal under section 87(2)(b) of this Act or, as the case may be, makes an application to the Tribunal under section 92 of this Act; or

(b) at such other time as the patient’s responsible medical officer is required to do so by the Commission,

submit to the Commission a report as to the treatment given and the patient’s condition.

(2) The Commission may at any time by notice to the patient’s responsible medical officer revoke, with effect from such time as may be specified in the notice, a certificate given under section 235(2) or (3), 236(2) or (3), 238(1), 239 or 241(1) of this Act.

(3) A time specified in a notice under subsection (2) above may not be earlier than the time of the notice.

Textual Amendments

F5 Word in s. 248(1) inserted (27.9.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 1, sch. 1 para. 32(19)

Modifications etc. (not altering text)

C1 S. 248 applied (with modifications) (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Order 2005 (S.S.I. 2005/452), arts. 1, 36(4)

Commencement Information

I6 S. 248 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)