(1)The [F1Scottish Ministers] shall prepare, and from time to time revise, a code of practice—
(a)for the guidance of medical practitioners, managers and staff of hospitals and mental health officers in relation to the detention and discharge of patients in and from hospitals under this Act, [F2guardianship under this Act and after-care services provided under section 8 of this Act for patients subject to community care orders]; and
(b)for the guidance of medical practitioners and members of other professions in relation to the medical treatment of patients suffering from mental disorder.
(2)Before preparing the code or making any alteration in it the [F1Scottish Ministers] shall consult such bodies as appear to him to be concerned.
(3)The [F1Scottish Ministers] shall lay copies of the code and of any alteration in the code before [F1Scottish Parliament]; and if [F1Scottish Parliament] passes a resolution requiring the code or any alteration in it to be withdrawn the [F1Scottish Ministers] shall withdraw the code or alteration and, where he withdraws the code, shall prepare a code in substitution for the one which is withdrawn.
(4)No resolution shall be passed by [F1the Scottish Parliament] under subsection (3) of this section in respect of a code or alteration after the expiration of the period of 40 days beginning with the day on which a copy of the code or alteration was laid before [F1the Scottish Parliament]; but for the purposes of this subsection no account shall be taken of any time during which [F1the Scottish Parliament] is dissolved [F1 or is in recess] for more than four days.
(5)The [F1Scottish Ministers] shall publish the code as for the time being in force.
Textual Amendments
F1Words in s. 119 substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 pt. I, para. 74(3) (with art. 5); S.I. 1998/3178, art. 2
F2Words in s. 119(1)(a) inserted (1.4.1996) by 1995 c. 52, ss. 4(2), 7(2), Sch. 2 para. 9