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The Mental Health (Form of Documents) (Scotland) Regulations 2005

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Scottish Statutory Instruments

2005 No. 444

MENTAL HEALTH

The Mental Health (Form of Documents) (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 section 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 (Form of Documents) (Scotland) Regulations 2005 and shall come into force on 5th October 2005.

(1) In these Regulations–

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

(b)any reference to a numbered section is a reference to the section bearing that number in the 2003 Act.

Form of documents

2.  Any document required or authorised to be prepared by virtue of a section of the 2003 Act listed in column 1 of Schedule 1 shall contain the particulars set out in the corresponding form listed in column 2 of that Schedule and set out in Schedule 2 and shall be used in the circumstances specified in column 3 of Schedule 1.

LEWIS MACDONALD

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

12th September 2005

SCHEDULE 1

Column 1Column 2Column 3
Section 35Form MH01Application for warrant to enter premises under subsection (1);
Form MH01AWarrant under subsection (1);
Form MH02Application for warrant to detain person under subsection (4) for the purpose of enabling a medical examination;
Form MH02AWarrant under subsection (4);
Form MH003Application for warrant for access to medical records under subsection (7);
Form MH03AWarrant under subsection (7).
Section 292Form MH04Application for warrant to enter premises under subsection (1);
Form MH04AWarrant under subsection (1)
Warrant under subsection (1)
Section 293Form MH05Application for removal order under subsection (1);
Form MH05AIntimation of application for removal order under subsection (1);
Form MH05BRemoval order granted by sheriff under subsection (1)
Section 294Form MH06Application to Justice of the Peace for removal order;
Form MH06ARemoval order granted by Justice of the Peace
Section 295Form MH07Application for recall or variation of removal order
Form MH07AIntimation of application for recall or variation of removal order
Form MH07BOrder recalling or varying removal order

SCHEDULE 2

FORM MH01Form of application for warrant to enter premises under section 35(1)APPLICATION FOR WARRANT TO ENTER PREMISES UNDER SECTION 35(1) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

FORM MH01AForm of warrant under section 35(1) (warrant to enter premises)WARRANT UNDER SECTION 35(1) (WARRANT TO ENTER PREMISES) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

FORM MH02Form of application for warrant to detain under section 35(4) for the purpose of enabling a medical examinationAPPLICATION FOR WARRANT TO DETAIN PERSON FOR THE PURPOSES OF ENABLING A MEDICAL EXAMINATION UNDER SECTION 35(4) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

FORM MH02AForm of warrant under section 35(4)WARRANT UNDER SECTION 35(4) (WARRANT TO DETAIN PERSON FOR THE PURPOSES OF ENABLING A MEDICAL EXAMINATION) UNDER THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

FORM MH03Form of application for warrant for access to medical records under section 35(7)APPLICATION FOR WARRANT FOR ACCESS TO MEDICAL RECORDS UNDER SECTION 35(7) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

FORM MH03AForm of warrant under section 35(7)WARRANT UNDER SECTION 35(7) (WARRANT FOR ACCESS TO MEDICAL RECORDS) UNDER THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

FORM MH04Form of application for warrant to enter premises under section 292FORM OF APPLICATION FOR WARRANT TO ENTER PREMISES UNDER SECTION 292 OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

FORM MH04AForm of warrant to enter premises under section 292(1)WARRANT UNDER SECTION 292(1) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

FORM MH05Form of application for removal order under section 293(1)APPLICATION FOR REMOVAL ORDER UNDER SECTION 293(1) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Form MH05AForm of intimation of application for removal order under section 293(1)INTIMATION OF APPLICATION FOR REMOVAL ORDER UNDER SECTION 293(1) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Form MH05BForm of removal order under section 293(1)REMOVAL ORDER UNDER SECTION 293(1) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Form MH06Form of application to Justice of the Peace for removal order under section 294FORM OF APPLICATION FOR REMOVAL ORDER UNDER SECTION 294 OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Form MH06AForm of removal order granted by a Justice of the PeaceREMOVAL ORDER UNDER SECTION 294 OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Form MH07Form of application for recall or variation of a removal orderAPPLICATION FOR RECALL OR VARIATION OF A REMOVAL ORDER UNDER SECTION 295 OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Form MH07AForm of intimation of hearing of application for recall or variation of removal order under section 295INTIMATION OF APPLICATION FOR RECALL OR VARIATION OF REMOVAL ORDER UNDER SECTION 295 OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Form MH07BForm of order for recall or variation of removal orderORDER FOR RECALL OR VARIATION OF REMOVAL ORDER UNDER SECTION 295 OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Explanatory Note

(This note is not part of the Regulations)

The Regulations provide for the form of certain documents required or authorised under the Mental Health (Care and Treatment) (Scotland) Act 2003, the information to be set out in the forms and the circumstances in which those forms should be used.

(1)

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

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