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

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Prohibition and restriction of the use of telephones

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5.—(1) The following provisions prohibit or restrict the use of telephones by a specified person.

(2) When a specified person proposes to make a telephone call to a person or a telephone call is received from a person for a specified person and the call is, in the opinion of the specified person’s responsible medical officer likely to cause–

(a)distress to the specified person or any other person who is not on the staff of the hospital; or

(b)a significant risk to the health, safety or welfare of the specified person or the safety of others,

the responsible medical officer shall prohibit the specified person from using the telephone to make that call to, or, as the case may be, to receive that call from the person in question.

(3) Subject to paragraph (4) if in the opinion of a specified person’s responsible medical officer the use of a telephone generally by the specified person is likely to cause the distress or risk mentioned in paragraph (2) the responsible medical officer shall prohibit the specified person from using the telephone for a period of time not exceeding 3 months.

(4) If, in the opinion of a specified person’s responsible medical officer, with due regard to minimising the impact on the freedom of the specified person, such distress or risk would be removed or significantly reduced by restricting the number, frequency or duration of telephone calls made to or by a specified person in any particular way, or restricting the persons to or from whom a specified person may make or receive calls, paragraph (3) shall not apply but, subject to paragraph (5) the responsible medical officer shall restrict the use made of the telephone by the specified person accordingly for a period of time not exceeding 3 months.

(5) Paragraph (2) applies irrespective of whether or not the responsible medical officer has restricted the specified person from using the telephone as mentioned in paragraph (4).

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