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The Mental Health (Provision of Information to Patients) (Prescribed Times) (Scotland) Regulations 2005

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Explanatory Note

(This note is not part of the Regulations)

Section 260(2) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (“the Act”) requires the managers of a hospital, at each of the times mentioned in section 260(3), to take all reasonable steps to ensure that a patient to whom section 260(1) applies understands the relevant matters defined in section 260(5), is supplied with certain materials and is informed of the availability of independent advocacy services.

Section 260(1) applies to a patient who is detained in a hospital by virtue of the Act or the Criminal Procedure (Scotland) Act 1995 (c. 46) or, although not detained in a hospital, is subject to any of the certificates, orders, or directions specified in section 260(1)(b).

In addition to the times specified in section 260(3) of the Act, the Scottish Ministers are empowered by section 260(3)(c) to prescribe the times when this should be done. These regulations prescribe those other times.

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