PART IIREMOVAL OF PATIENTS FROM SCOTLAND

Mental health officer’s duties where application for warrant for removal is to be made6

1

The mental health officer shall, as soon as practicable after being notified under regulation 5, and, in any event, within 7 days of the day on which notice was given, comply with the requirements in paragraph (2).

2

Those requirements are–

a

to interview the patient;

b

to inform the patient of the patient’s rights in relation to such an application;

c

to inform the patient of the availability of independent advocacy services under section 259 of the 2003 Act;

d

to take appropriate steps to ensure that the patient has the opportunity of making use of those services; and

e

to inform the patient’s responsible medical officer–

i

of whether the mental health officer agrees, or disagrees, that the application that is proposed should be made;

ii

if the mental health officer disagrees, of the reason why that is the case; and

iii

of any other matters that the mental health officer considers relevant.