49 Medical treatment where there is an application for intervention or guardianship orderS
(1)[F1Subsection (2) of section 47] shall not apply if, to the knowledge of the [F2person on whom authority is conferred by that subsection], an application for an intervention order or a guardianship order with power in relation to any medical treatment referred to in that subsection has been made to the sheriff and has not been determined.
(2)Until the application has been finally determined, medical treatment authorised by section 47(2) shall not be given unless it is authorised by any other enactment or rule of law for the preservation of the life of the adult or the prevention of serious deterioration in his medical condition.
(3)Nothing in subsection (2) shall authorise the provision of any medical treatment where an interdict has been granted and continues to have effect prohibiting the provision of such medical treatment.
Textual Amendments
F1Words in s. 49(1) substituted (19.12.2005) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 35(3)(a), 43; S.S.I. 2005/492, art. 3(c)
F2Words in s. 49(1) substituted (19.12.2005) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 35(3)(b), 43; S.S.I. 2005/492, art. 3(c)