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The Mental Health (Safety and Security) (Scotland) Regulations 2005

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5.  The general conditions are that–

(a)the measures may only be applied in respect of any specified person where, in the opinion of that person’s responsible medical officer, not to apply them would pose a significant risk to the health, safety or welfare of any person in the hospital or the security or good order of the hospital;

(b)the responsible medical officer shall, at the request of a specified person, or that person’s visitor in any case where a measure is applied to that visitor, re-assess the risk mentioned in paragraph (a) and may as a result of such re-assessment reverse the decision to apply the measure to that person or that person’s visitor or may have the measure applied in a different way;

(c)where a measure is applied to any specified person, the reasons for and the outcome of applying that measure shall be recorded in that person’s medical records and a separate record shall be made by the managers of the hospital; and

(d)the specified person and that person’s named person shall be given notice of the entry in the medical records unless, in the case of the specified person, to do so would, in the opinion of the specified person’s responsible medical officer, be prejudicial to the specified person’s health or treatment.

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