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The Mental Health (Use of Telephones) (Scotland) Regulations 2005

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2.—(1) For the purposes of section 284(1) of the 2003 Act a person detained in hospital is a specified person if either of the conditions in paragraph (2) and both of the conditions in paragraphs (3) and (4) are met.

(2) The conditions in this paragraph are either–

(a)the responsible medical officer has within the last 6 months, starting with the date of recording, recorded a reasoned opinion that a telephone call made to or by the person detained may cause distress to the person detained or any other person who is not on the staff of the hospital, or a significant risk to the health, safety or welfare of the person detained or the safety of others; or

(b)the person is detained in a state hospital.

(3) The hospital managers have informed the person detained, unless to do so would, in the opinion of the responsible medical officer, be prejudicial to the person’s health or treatment, that person’s named person and the Commission–

(a)that the person detained is to be a specified person; and

(b)where applicable to the person in question, the date of the recording of the opinion mentioned in paragraph (2)(a).

(4) The hospital managers have informed the person detained, unless to do so would, in the opinion of the responsible medical officer, be prejudicial to that person’s health or treatment, and that person’s named person that the use of telephones by a specified person may be prohibited or restricted and that a specified person has the right to the reviews mentioned in regulations 3 and 6.

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