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The Mental Health (Patient Representation) (Prescribed Persons) (Scotland) Regulations 2017

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Citation and commencement

1.  These Regulations may be cited as the Mental Health (Patient Representation) (Prescribed Persons) (Scotland) Regulations 2017 and come into force on 30th June 2017.

Interpretation

2.  In these Regulations—

“care service” has the meaning given by subsection (1)(a), (b), (d), (f), (g) and (j) of section 47 of the Public Services Reform (Scotland) Act 2010(1);

“Health and Care Professions Council” means the Council established by article 3 of the Health and Social Work Professions Order 2002(2);

“independent advocacy services” has the same meaning as in section 259(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003(3);

“social worker” has the meaning given by section 77 of the Regulation of Care (Scotland) Act 2001(4); and

“the 2004 Regulations” means the Mental Health (Patient Representation) (Prescribed Persons) (Scotland) (No. 2) Regulations 2004(5).

Prescribed person

3.—(1) The following classes of person are prescribed for the purposes of section 250(7)(6) of the Mental Health (Care and Treatment) (Scotland) Act 2003:—

(a)persons providing independent advocacy services;

(b)medical practitioners;

(c)arts therapists, dieticians, occupational therapists, physiotherapists, practitioner psychologists and speech and language therapists;

(d)persons employed in the provision of, or managing the provision of, a care service;

(e)registered nurses;

(f)social workers; and

(g)solicitors.

(2) The classes of person mentioned in paragraph (1)(c) are prescribed only if they are registered with the Health and Care Professions Council.

Revocation

4.  The 2004 Regulations are revoked.

Saving provision

5.  The provision made by regulation 4 has no effect on the validity of any document which was witnessed, or any certification given, before 30th June 2017, in accordance with section 250 or 253(7) of the Mental Health (Care and Treatment) (Scotland) Act 2003, by a person of a class prescribed by the 2004 Regulations.

MAUREEN WATT

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

30th May 2017

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