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The Mental Health (Certificates for Medical Treatment) (Scotland) Amendment Regulations 2008

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Scottish Statutory Instruments

2008 No. 316

MENTAL HEALTH

The Mental Health (Certificates for Medical Treatment) (Scotland) Amendment Regulations 2008

Made

18th September 2008

Laid before the Scottish Parliament

19th September 2008

Coming into force

12th October 2008

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 245(2), 246(1) and 325 of the Mental Health (Care and Treatment) (Scotland) Act 2003(1) and all other powers enabling them to do so.

Citation and commencement

1.  These Regulations may be cited as the Mental Health (Certificates for Medical Treatment) (Scotland) Amendment Regulations 2008 and come into force on 12th October 2008.

Amendment of the Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 2005

2.  In Schedule 2 of the Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 2005(2)–

(a)for parts 1 and 2 of Form T1 substitute parts 1 and 2 of Form T1 in the Schedule to these Regulations;

(b)for Form T2 substitute Form T2 in the Schedule to these Regulations; and

(c)for parts 1, 2 and 3 of Form T3 substitute parts 1, 2 and 3 of Form T3 in the Schedule to these Regulations.

S ROBISON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

18th September 2008

Regulation 2

SCHEDULE

Form T1 Parts 1 and 2

Form T2

Form T3 Parts 1, 2 and 3

Explanatory Note

(This note is not part of the Regulations)

These Regulations substitute the prescribed contents of forms T1, T2 and T3 which are to be used for giving certificates under sections 235, 236, 238, 239 and 241 of the Mental Health (Care and Treatment) (Scotland) Act 2003. The certificates are in respect of the patient’s consent to certain types of medical treatment and the patient’s best interests with regard to giving that treatment.

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