- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
5.—(1) Where it is necessary as a matter of urgency for medical treatment to be given to such a patient for any of the purposes mentioned in paragraphs (a) to (c) of section 243(3), the treatment may, subject to subsection (4) of that section and to paragraphs (2) and (3) below, be given notwithstanding that–
(a)the patient is incapable of understanding the nature, purpose and likely effects of the medical treatment; and
(b)the patient resists or objects to the medical treatment.
(2) Treatment may be given on condition that a designated medical practitioner certifies in writing that–
(a)consent has been given by a person having parental responsibilities and parental rights in respect of the patient to the medical treatment being given to the patient; and
(b)the patient resists or objects to the medical treatment,
but it is necessary to give the medical treatment to the patient for any of the purposes mentioned in paragraph (1), and that purpose is specified in the certificate.
(3) Paragraph (1) above does not authorise the giving of medical treatment–
(a)where the patient is not in hospital, by force to the patient; or
(b)if the patient is capable of consenting but does not consent to the treatment.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: