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Mental Health (Care and Treatment) (Scotland) Act 2003 is up to date with all changes known to be in force on or before 16 August 2024. There are changes that may be brought into force at a future date.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
49.Responsible medical officer’s duty to review continuing need for detention
50.Patient’s right to apply for revocation of short-term detention certificate or extension certificate etc.
51.Commission’s power to revoke short-term detention certificate or extension certificate
52.Revocation of short-term detention certificate or extension certificate: notification
Effect of short-term detention certificate on emergency detention certificate
Effect of short-term detention certificate etc. on certain orders
Part 7 Compulsory treatment orders
Chapter 2 Interim compulsory treatment orders: review and revocation
Revocation of order by responsible medical officer or Commission
Extension and variation of order: application by responsible medical officer
88.Responsible medical officer’s duty where extension and variation of order appear appropriate
89.Mental health officer’s duties: extension and variation of order
90.Responsible medical officer’s duty to apply for extension and variation of order
91.Application for extension and variation of order: notification
Variation of order: application by responsible medical officer
Recorded matters: reference to Tribunal by responsible medical officer
Effect of interim orders on calculation of time periods in Chapter
117.Certificate under section 114(2): responsible medical officer’s duty to revoke
118.Certificate under section 115(2): responsible medical officer’s duty to revoke
119.Revocation of certificate granted under section 114(2) or 115(2): notification
120.Certificates under sections 114(2) and 115(2): patient’s right to apply to Tribunal
Part 8 Mentally disordered persons: criminal proceedings
Chapter 2 Review of compulsion orders
Revocation of order by responsible medical officer or Commission
Extension of order following first review
146.First review: responsible medical officer’s duty where extension proposed
147.Proposed extension on first review: mental health officer’s duties
148.First review: responsible medical officer’s duty to apply for extension of compulsion order
149.Application to Tribunal for extension of order following first review
Extension and variation of order
154.Responsible medical officer’s duty where extension and variation proposed
155.Mental health officer’s duties: extension and variation of compulsion order
156.Responsible medical officer’s duty to apply for extension and variation of compulsion order
157.Application for extension and variation of compulsion order: notification
158.Application to Tribunal for extension and variation of compulsion order
Effect of interim orders: calculation of time periods in Chapter
Part 10 Compulsion orders and restriction orders
Part 11 Hospital directions and transfer for treatment directions
Part 13 Parts 8, 10 and 11: suspension
Part 15 Preliminary duties on making of orders etc.
Safeguards for other medical treatment
238.Treatment mentioned in sections 237(3) and 240(3): patients capable of consenting and not refusing consent
239.Treatment mentioned in section 237(3): patients incapable of consenting
241.Treatment mentioned in section 240(3): patients refusing consent or incapable of consenting
242.Treatment not mentioned in section 234(2), 237(3) or 240(3)
Effect of unauthorised absence
305.Effect of long unauthorised absence ending more than 14 days before expiry of compulsory treatment order
306.Effect of unauthorised absence ending simultaneously with or within 14 days before expiry of compulsory treatment order
307.Effect of unauthorised absence ending after expiry of compulsory treatment order
308.Effect of unauthorised absence of patient subject to short-term detention certificate or certificate under section 114(2) or 115(2)
Transitory amendments of the Mental Health (Scotland) Act 1984
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