2005 No. 444

MENTAL HEALTH

The Mental Health (Form of Documents) (Scotland) Regulations 2005

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers, in exercise of the powers conferred on them by section 325 of the Mental Health (Care and Treatment) (Scotland) Act 20031, and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation1

1

These Regulations may be cited as the Mental Health (Form of Documents) (Scotland) Regulations 2005 and shall come into force on 5th October 2005.

1

In these Regulations–

a

“the 2003 Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003; and

b

any reference to a numbered section is a reference to the section bearing that number in the 2003 Act.

Form of documents2

Any document required or authorised to be prepared by virtue of a section of the 2003 Act listed in column 1 of Schedule 1 shall contain the particulars set out in the corresponding form listed in column 2 of that Schedule and set out in Schedule 2 and shall be used in the circumstances specified in column 3 of Schedule 1.

LEWIS MACDONALDAuthorised to sign by the Scottish MinistersSt Andrew’s House, Edinburgh

SCHEDULE 1

Column 1

Column 2

Column 3

Section 35

Form MH01

Application for warrant to enter premises under subsection (1);

Form MH01A

Warrant under subsection (1);

Form MH02

Application for warrant to detain person under subsection (4) for the purpose of enabling a medical examination;

Form MH02A

Warrant under subsection (4);

Form MH003

Application for warrant for access to medical records under subsection (7);

Form MH03A

Warrant under subsection (7).

Section 292

Form MH04

Application for warrant to enter premises under subsection (1);

Form MH04A

Warrant under subsection (1)

Warrant under subsection (1)

Section 293

Form MH05

Application for removal order under subsection (1);

Form MH05A

Intimation of application for removal order under subsection (1);

Form MH05B

Removal order granted by sheriff under subsection (1)

Section 294

Form MH06

Application to Justice of the Peace for removal order;

Form MH06A

Removal order granted by Justice of the Peace

Section 295

Form MH07

Application for recall or variation of removal order

Form MH07A

Intimation of application for recall or variation of removal order

Form MH07B

Order recalling or varying removal order

SCHEDULE 2

FORM MH01Form of application for warrant to enter premises under section 35(1)

APPLICATION FOR WARRANT TO ENTER PREMISES UNDER SECTION 35(1) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Image_r00000

FORM MH01AForm of warrant under section 35(1) (warrant to enter premises)

WARRANT UNDER SECTION 35(1) (WARRANT TO ENTER PREMISES) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Image_r00001

FORM MH02Form of application for warrant to detain under section 35(4) for the purpose of enabling a medical examination

APPLICATION FOR WARRANT TO DETAIN PERSON FOR THE PURPOSES OF ENABLING A MEDICAL EXAMINATION UNDER SECTION 35(4) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Image_r00002

FORM MH02AForm of warrant under section 35(4)

WARRANT UNDER SECTION 35(4) (WARRANT TO DETAIN PERSON FOR THE PURPOSES OF ENABLING A MEDICAL EXAMINATION) UNDER THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Image_r00003

FORM MH03Form of application for warrant for access to medical records under section 35(7)

APPLICATION FOR WARRANT FOR ACCESS TO MEDICAL RECORDS UNDER SECTION 35(7) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Image_r00004

FORM MH03AForm of warrant under section 35(7)

WARRANT UNDER SECTION 35(7) (WARRANT FOR ACCESS TO MEDICAL RECORDS) UNDER THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Image_r00005

FORM MH04Form of application for warrant to enter premises under section 292

FORM OF APPLICATION FOR WARRANT TO ENTER PREMISES UNDER SECTION 292 OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Image_r00006

FORM MH04AForm of warrant to enter premises under section 292(1)

WARRANT UNDER SECTION 292(1) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Image_r00007

FORM MH05Form of application for removal order under section 293(1)

APPLICATION FOR REMOVAL ORDER UNDER SECTION 293(1) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Image_r00008

Form MH05AForm of intimation of application for removal order under section 293(1)

INTIMATION OF APPLICATION FOR REMOVAL ORDER UNDER SECTION 293(1) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Image_r00009

Form MH05BForm of removal order under section 293(1)

REMOVAL ORDER UNDER SECTION 293(1) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Image_r00010

Form MH06Form of application to Justice of the Peace for removal order under section 294

FORM OF APPLICATION FOR REMOVAL ORDER UNDER SECTION 294 OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Image_r00011

Form MH06AForm of removal order granted by a Justice of the Peace

REMOVAL ORDER UNDER SECTION 294 OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Image_r00012

Form MH07Form of application for recall or variation of a removal order

APPLICATION FOR RECALL OR VARIATION OF A REMOVAL ORDER UNDER SECTION 295 OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Image_r00013

Form MH07AForm of intimation of hearing of application for recall or variation of removal order under section 295

INTIMATION OF APPLICATION FOR RECALL OR VARIATION OF REMOVAL ORDER UNDER SECTION 295 OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Image_r00014

Form MH07BForm of order for recall or variation of removal order

ORDER FOR RECALL OR VARIATION OF REMOVAL ORDER UNDER SECTION 295 OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Image_r00015

(This note is not part of the Regulations)

The Regulations provide for the form of certain documents required or authorised under the Mental Health (Care and Treatment) (Scotland) Act 2003, the information to be set out in the forms and the circumstances in which those forms should be used.