Scottish Statutory Instruments

2005 No. 443

MENTAL HEALTH

The Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 2005

Made

12th September 2005

Laid before the Scottish Parliament

13th September 2005

Coming into force

5th October 2005

The Scottish Ministers, in exercise of the powers conferred on them by sections 245(2), 246 and 325 of the Mental Health (Care and Treatment) (Scotland) Act 2003(1), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 2005 and shall come into force on 5th October 2005.

(2) In these Regulations –

“the Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003; and

“Form” means a Form set out in Schedule 2.

and any reference to a Form having a letter and a number is a reference to the Form having that letter and number in Schedule 2.

Forms

2. Any certificate given under a section of the Act which is specified in an entry in column 1 of Schedule 1 shall contain the particulars set out in the part of the Form which is specified in the corresponding entry in column 2 of that Schedule.

Form of certificates

3. Any certificate given under a section of the Act which is specified in an entry in column 1 of Schedule 2 shall be in the Form which is specified in column 2 of that Schedule and set out in that Schedule.

LEWIS MACDONALD

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

12th September 2005

Regulation 2

SCHEDULE 1

Column 1	Column 2
Section 235	Form T1 part 1
Section 236	Form T1 part 2
Section 238	Form T2 page 3
Section 239	Form T3 parts 1 and 3
Section 241	Form T3 parts 2 and 3

Regulation 3

SCHEDULE 2

Column 1	Column 2
Section 235	Form T1 part 1
Section 236	Form T1 part 2
Section 238	Form T2 page 3
Section 239	Form T3 parts 1 and 3
Section 241	Form T3 parts 2 and 3

Explanatory Note

(This note is not part of the Order)

These Regulations prescribe the contents of the forms to be used for giving certificates under sections 235, 236, 238, 239 and 241 in respect of the patient’s consent to medical treatment and the patient’s best interests with regard to giving that treatment.

(1)

2003 asp 13; see section 329 for the definition of “regulations”.