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The Mental Health (Cross border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005

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Mental health officer’s duties

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35.—(1) The mental health officer shall, as soon as practicable after being designated as the mental health officer having responsibility for the patient’s case, in accordance with section 229 of the 2003 Act as applied by regulation 28, comply with the requirements in paragraph (2).

(2) Those requirements are–

(a)to take such steps as are reasonably practicable to establish whether the patient has a named person;

(b)to notify the patient’s responsible medical officer of the name and address of any named person;

(c)to comply with the requirements of section 231 of the 2003 Act subject to the modification that, in subsection (1) for the words “where a relevant event occurs in respect of a patient” substitute “patient is received in Scotland under the Mental Health (Cross-border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005;

(d)to inform the patient of the availability of independent advocacy services under section 259 of the 2003 Act; and

(e)to take appropriate steps to ensure that the patient has the opportunity of making use of those services.

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