Explanatory Notes

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

2003 asp 13

25 April 2003

Commentary on Sections

Part 16 – Medical Treatment

Additional safeguards for certain informal patients

Section 245 to 247: certificates
Certificates under sections 235, 236, 239, and 241

462.Section 245 provides that before giving a certificate which allows treatment to proceed, the certifying medical practitioner must consult the patient, the patient’s named person (where practicable) and those persons appearing to have the primary responsibility for the patient’s medical treatment. The certificate must be copied to the Commission within 7 days.