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Mental Health (Scotland) Act 1984
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- 1984 c. 36
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- Section 102
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Version Superseded: 05/10/2005
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- 01/02/1991- Amendment
- 11/01/2000
Point in time - 05/10/2005- Amendment
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102 Urgent treatment.S
(1)Sections 97 and 98 of this Act shall not apply to any treatment—
(a)which is immediately necessary to save a patient’s life; or
(b)which (not being irreversible) is immediately necessary to prevent a serious deterioration of his condition; or
(c)which (not being irreversible or hazardous) is immediately necessary to alleviate serious suffering by the patient; or
(d)which (not being irreversible or hazardous) is immediately necessary and represents the minimum interference necessary to prevent the patient from behaving violently or being a danger to himself or to others.
(2)Sections 99(2) and 101 of this Act shall not preclude the continuation of any treatment or of treatment under any plan pending compliance with sections 97 and 98 of this Act if the responsible medical officer considers that the discontinuance of the treatment or of treatment under the plan would cause serious suffering to the patient.
(3)For the purposes of this section treatment is irreversible if it has unfavourable irreversible physical or psychological consequences and hazardous if it entails significant physical hazard.
(4)Where a patient is given treatment under this section the responsible medical officer shall, within 7 days of the day on which the treatment is given, notify the Mental Welfare Commission as to—
(a)which of paragraphs (a) to (d) of subsection (1) of this section applied in relation to the patient; and
(b)the nature of the treatment given to the patient.
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