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

Revocation of detention certificates issued under sections 114(2) and 115(2)

164.Sections 117 and 118 place a duty on the responsible medical officer who granted a certificate under section 114(2) or section 115(2) to revoke that certificate under certain circumstances.

165.Section 117(1) provides that where a certificate under section 114(2) was granted on the basis mentioned in section 114(1)(c)(i) and the responsible medical officer determines that the order should not be varied, that officer must revoke the certificate. Subsection (2) provides that where a certificate under section 114(2) was granted on the basis mentioned in section 114(1)(c)(ii) and the test in section 117(2)(b) is satisfied, the responsible medical officer must revoke the certificate.

166.Section 118 provides that a certificate under section 115(2) must be revoked where the test in paragraph (b) is met.

167.Section 119 sets out the persons the responsible medical officer must notify of any such revocation.

168.Section 120 confers on the patient or the patient’s named person the right to apply to the Tribunal for the revocation of a certificate issued under sections 114(2) or 115(2). Subsection (2) sets out the grounds on which the Tribunal will revoke the certificate.

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