Mental Health (Care and Treatment) (Scotland) Act 2003 Explanatory Notes

Additional safeguards for certain informal patients

Section 244: Scottish Ministers’ power to make provision in relation to treatment for certain informal patients

461.Section 244 enables the Scottish Ministers to make regulations setting out the conditions to be satisfied before types of medical treatment set out in the regulations can be given to informal patients (i.e. patients to whom the giving of medical treatment is not authorised by the 2003 Act or the 1995 Act) under 16 years of age.

Section 245 to 247: certificates
Certificates under sections 235, 236, 239, and 241

462.Section 245 provides that before giving a certificate which allows treatment to proceed, the certifying medical practitioner must consult the patient, the patient’s named person (where practicable) and those persons appearing to have the primary responsibility for the patient’s medical treatment. The certificate must be copied to the Commission within 7 days.

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