Citation and commencement1

These Regulations may be cited as the Mental Health (Removal Order) (Scotland) Regulations 2005 and shall come into force on 5th October 2005.

Persons to be afforded the opportunity to be heard by sheriff2

The persons prescribed for the purposes of section 293(6)(b) (removal order) of the Mental Health (Care and Treatment) (Scotland) Act 2003 are:

a

the nearest relative of the person;

b

any guardian of the person;

c

any welfare attorney of the person;

d

any primary carer of the person.

LEWIS MACDONALDAuthorised to sign by the Scottish MinistersSt Andrew’s House, Edinburgh