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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 1 | Column 2 | Column 3 |
|---|---|---|
| Section 35 | Form MH01 | Application for warrant to enter premises under subsection (1); |
| Form MH01A | Warrant under subsection (1); | |
| Form MH02 | Application for warrant to detain person under subsection (4) for the purpose of enabling a medical examination; | |
| Form MH02A | Warrant under subsection (4); | |
| Form MH003 | Application for warrant for access to medical records under subsection (7); | |
| Form MH03A | Warrant under subsection (7). | |
| Section 292 | Form MH04 | Application for warrant to enter premises under subsection (1); |
| Form MH04A | Warrant under subsection (1) | |
| Warrant under subsection (1) | ||
| Section 293 | Form MH05 | Application for removal order under subsection (1); |
| Form MH05A | Intimation of application for removal order under subsection (1); | |
| Form MH05B | Removal order granted by sheriff under subsection (1) | |
| Section 294 | Form MH06 | Application to Justice of the Peace for removal order; |
| Form MH06A | Removal order granted by Justice of the Peace | |
| Section 295 | Form MH07 | Application for recall or variation of removal order |
| Form MH07A | Intimation of application for recall or variation of removal order | |
| Form MH07B | Order 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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