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Mental Health (Care and Treatment) (Scotland) Act 2003, Section 16 is up to date with all changes known to be in force on or before 10 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)A person authorised by the Commission (an “authorised person”) [F1or Commission Visitor]may, in connection with the discharge by the Commission of any of its functions under—
(a)this Act; or
(b)the Adults with Incapacity (Scotland) Act 2000 (asp 4),
require any person holding medical or other records of a patient to produce them for inspection by the authorised person [F2or, as the case may be, the Commission Visitor].
(2)An authorised person shall be—
F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)a member of the staff of the Commission.
(3)An authorised person proposing to exercise the power conferred by subsection (1) above shall, if requested to do so, produce an authenticated document showing that the authorised person is F4... a member of staff of the Commission.
Textual Amendments
F1Words in s. 16(1) inserted (1.8.2010 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(13)(a)(i), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.
F2Words in s. 16(1) added (1.8.2010 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(13)(a)(ii), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.
F3S. 16(2)(a) repealed (1.8.2010 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(13)(b), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.
F4Words in s. 16(3) repealed (1.8.2010 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(13)(c), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.
Commencement Information
I1S. 16 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)
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