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Mental Health (Care and Treatment) (Scotland) Act 2003
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Mental Health (Care and Treatment) (Scotland) Act 2003, Section 40 is up to date with all changes known to be in force on or before 23 December 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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Changes and effects yet to be applied to Section 40:
- s. 64(8A)(8B) inserted by 2015 asp 9 s. 1(2)
- s. 65(7) inserted by 2015 asp 9 s. 1(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 64(8A)(8B) inserted by 2015 asp 9 s. 1(2)
- s. 65(7) inserted by 2015 asp 9 s. 1(3)
40Revocation of emergency detention certificate: notificationS
This section has no associated Explanatory Notes
(1)Where an approved medical practitioner revokes a certificate under section 39 of this Act, the practitioner shall, as soon as practicable after doing so, inform—
(a)the patient; and
(b)the managers of the hospital in which the patient is detained,
of the revocation.
(2)The managers of the hospital shall, as soon as practicable after being informed of the revocation, inform [F1the Commission and] the persons mentioned in section 38(4) and (5) of this Act of the revocation.
Textual Amendments
F1Words in s. 40(2) inserted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 4(4), 61(2); S.S.I. 2017/197, art. 2, sch.
Commencement Information
I1S. 40 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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