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

Duties of medical practitioner who issued the detention certificate

72.Section 37 places a duty on the medical practitioner who granted the emergency detention certificate to give notice to the managers of the hospital in which the patient is to be detained of the following matters:

  • why the certificate was granted;

  • whether a mental health officer consented to the granting of the certificate;

  • where no consent from a mental health officer was obtained, why it was impracticable to consult a mental health officer;

  • the alternatives to the granting of the certificate which the medical practitioner considered and why such alternatives were believed to be inappropriate.

73.Subsection (1) states that the medical practitioner should provide notice of these matters when the emergency detention certificate is given to the hospital managers. Subsection (3) provides, however, that where it is impracticable for the medical practitioner to provide such notice when the certificate is given to the managers, it should be given as soon as practicable after the event.

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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills


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