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The Mental Health (Content and amendment of care plans) (Scotland) Regulations 2005

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Amendment of care plan

3.—(1) The circumstances prescribed for the purpose of section 76(4)(a) (circumstances in which care plan must be amended) are–

(a)where the Tribunal has made an order under–

(i)section 102(1)(d) (confirmation of determination and variation of compulsory treatment order);

(ii)section 103(1)(a) (extension and variation of compulsory treatment order);

(iii)section 103(1)(b) (extension of compulsory treatment order);

(iv)section 103(2)(d) (confirmation of determination and variation of compulsory treatment order);

(v)section 103(3)(b) (variation of compulsory treatment order);

(vi)section 103(4)(a) (variation of compulsory treatment order); or

(vii)section 104(1)(a) (variation of compulsory treatment order);

(b)where the Tribunal has made an interim order under–

(i)section 105(2)(b)(i) (extension of compulsory treatment order);

(ii)section 105 (2)(b)(ii) (extension and variation of compulsory treatment order);or

(iii)section 106(2) (variation of compulsory treatment order, following an application under section 92 or 95);

(c)where the patient’s responsible medical officer has–

(i)made a determination extending a compulsory treatment order under section 86(1);

(ii)granted a certificate under–

(aa)section 127(1)(b) (period during which detention in hospital under a compulsory treatment order is not authorised); or

(bb)section 128(1)(b) (period during which certain measures in a compulsory treatment order are not authorised),

specifying a period exceeding 28 days during which the patient’s compulsory treatment order shall not authorise the measure or measures specified in the certificate;

(iii)revoked, under section 129(2), a certificate granted under any of the powers referred to in paragraph (c)(ii) of this regulation; or

(iv)carried out any further mandatory review under section 78(2) (carrying out of further review of compulsory treatment order by responsible medical officer).

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