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Mental Health (Care and Treatment) (Scotland) Act 2003

Patients capable of consenting

432.Subsections (2) and (3) of section 235 set out the conditions that must be met before the medical treatments specified in section 234 may be given to patients who are capable of consenting to treatment.

433.Under subsection (2), a designated medical practitioner must confirm both that the patient is capable of consenting and has done so in writing, and that the treatment is in the patient's best interests, having regard to the test set out in paragraph (c) of that subsection.

434.Two lay persons appointed by the Commission for the purpose, who may interview the patient in private, must certify that the patient is able to consent and has done so in writing (subsection (3)).

435.If the patient is aged under 16, subsection (6) modifies the operation of subsection (2) so that if the patient’s responsible medical officer is not a child specialist (as defined in section 249) then the certificate under subsection (2), confirming that the patient is capable of consenting and that the treatment is in their best interests, must be given by a designated medical practitioner who is a child specialist.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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