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The Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 2017
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Scottish Statutory Instruments
2017 No. 176
Mental Health
The Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 2017
Made
30th May 2017
Laid before the Scottish Parliament
1st June 2017
Coming into force
30th June 2017
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, commencement and interpretation
1.—(1) These Regulations may be cited as the Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 2017 and come into force on 30th June 2017.
(2) In these Regulations—
(a)“Form” means a Form set out in schedule 2; and
(b)any reference to a Form having a letter and a number is a reference to the Form having that letter and number in schedule 2.
Form of certificate
2. Any certificate given under a section of the Mental Health (Care and Treatment) (Scotland) Act 2003 which is specified in an entry in column 1 of schedule 1 is to—
(a)contain the particulars set out in the Form which is specified in the corresponding entry in column 2 of that schedule; and
(b)be in the Form which is specified in column 2 of that schedule and set out in schedule 2.
Revocations
3. The Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 2005(2) and the Mental Health (Certificates for Medical Treatment) (Scotland) Amendment Regulations 2008(3) are revoked.
MAUREEN WATT
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
30th May 2017
Regulation 2
SCHEDULE 1
| Column 1 | Column 2 |
|---|---|
| Section 235 | Form T1 |
| Section 236 | Form T1 |
| Section 238, where the treatment is that mentioned in section 237(3) | Form T2A |
| Section 238, where the treatment is that mentioned in section 240(3) | Form T2B |
| Section 239 | Form T3A |
| Section 241 | Form T3B |
Regulation 2(b)
SCHEDULE 2
Form T1
Form T2A
Form T2B
Form T3A
Form T3B
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations revoke and replace the Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 2005 and the Mental Health (Certificates for Medical Treatment) (Scotland) Amendment Regulations 2008.
These Regulations prescribe the forms to be used, and the particulars of those forms, in giving certificates required under sections 235, 236, 238, 239 and 241 of the Mental Health (Care and Treatment) (Scotland) Act 2003.
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