SCHEDULES

SCHEDULE 9Mental health: Scotland

PART 2Modifications of the Mental Health (Care and Treatment) (Scotland) Act 2003

4Short-term detention certificates

1

An approved medical practitioner may grant a short-term detention certificate in respect of a patient under section 44(1) without consulting a mental health officer if the practitioner considers that compliance with the requirement under that section to consult a mental health officer (and for the mental health officer to consent to the granting of the certificate) is impractical or would involve undesirable delay.

2

Sub-paragraphs (3) to (6) apply where a short-term detention certificate (the “first certificate”) is in force in respect of a patient.

3

Despite section 44(1)(b), an approved medical practitioner may grant one further short-term detention certificate (the “second certificate”) in respect of the patient under section 44(1).

4

The second certificate may be granted before or on the expiry of the first certificate.

5

If the second certificate is granted before the expiry of the first certificate, the first certificate expires on the granting of the second certificate.

6

If the approved medical practitioner grants a second certificate, the practitioner must record the reasons why it has been impracticable to apply instead for a compulsory treatment order.

7

Other than as mentioned in sub-paragraphs (3) to (6), section 44 (as modified by sub-paragraph (1)) applies in relation to a second certificate as it applies in relation to a first certificate.