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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 46 is up to date with all changes known to be in force on or before 23 February 2025. 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 46:
- s. 64(8A)(8B) inserted by 2015 asp 9 s. 1(2)
- s. 65(7) inserted by 2015 asp 9 s. 1(3)
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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)
46Hospital managers' duties: notificationS
This section has no associated Explanatory Notes
(1)This section applies where a patient is [F1subject to] a short-term detention certificate.
(2)The managers of the hospital shall as soon as practicable after the production to them of the short-term detention certificate, give notice of its granting to—
(a)the patient;
(b)the patient’s named person;
(c)any guardian of the patient; and
(d)any welfare attorney of the patient.
(3)The managers of the hospital shall, before the expiry of the period of 7 days beginning with the day on which the certificate is granted, give notice of its granting F2... to—
(a)the Tribunal; and
(b)the Commission.
[F3(4)When giving notice under subsection (2) or (3) above, the managers of the hospital are to send a copy of the certificate to each recipient of the notice.]
Textual Amendments
F1Words in s. 46(1) substituted (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(5)
F2Words in s. 46(3) repealed (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 5(3)(a), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 6)
F3S. 46(4) inserted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 5(3)(b), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 6)
Commencement Information
I1S. 46 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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