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The Mental Health (Safeguards for Certain Informal Patients) (Scotland) Regulations 2005

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Patients capable of consenting to certain medical treatment and not refusing consent

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3.—(1) Subject to paragraph (3), medical treatment may be given to a patient on condition that the medical practitioner primarily responsible for treating the patient or a designated medical practitioner certifies in writing that–

(a)the patient is capable of consenting to the treatment;

(b)the patient consents in writing to the treatment; and

(c)having regard to the likelihood of its alleviating, or preventing a deterioration in the patient’s condition, it is in the patient’s best interests that the treatment should be given.

(2) If the patient withdraws consent to the treatment (in writing or otherwise) at any time before its completion, this regulation shall then apply as if the remainder of the treatment were a separate treatment.

(3) Any certificate under paragraph (1) shall be given by a child specialist.

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