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Mental Health (Scotland) Act 1984

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This is the original version (as it was originally enacted).

110Duty to give information to patients and nearest relatives

(1)The managers of a hospital in which a patient is detained under the provisions of this Act, or in the case of a patient subject to guardianship, the local authority concerned shall take such steps as are practicable to ensure that the patient understands—

(a)under which of those provisions he is for the time being detained or subject to guardianship and the effect of that provision; and

(b)what rights of appeal to the sheriff are available to him in respect of his detention or guardianship under that provision; and

(c)that he may make representations to the Mental Welfare Commission,

and those steps shall be taken as soon as practicable after the commencement of the patient's detention or his reception into guardianship, or any renewal of the authority for his detention or guardianship.

(2)The managers of a hospital in which a patient is detained as aforesaid shall also take such steps as are practicable to ensure that the patient understands the effect, so far as relevant in his case, of—

(a)sections 33 and 34 of this Act; and

(b)Part X and sections 115, 116 and 119 of this Act;

and those steps shall be taken as soon as practicable after the commencement of the patient's detention in the hospital.

(3)The steps to be taken under this section shall include giving the requisite information both orally and in writing.

(4)The managers of a hospital in which a patient is detained' as aforesaid or, as the case may be, the local authority concerned in relation to a patient subject to guardianship as aforesaid shall, except where the patient otherwise requests, take such steps as are practicable to furnish the person (if any) appearing to them to be his nearest relative with a copy of any information given to him in writing under subsection (1) and (2) above; and those steps shall be taken when the information is given to the patient or within a reasonable time thereafter.

(5)Section 56(4) of this Act shall have effect as if subsection (4) of this section were contained in part V of this Act.

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