Explanatory Notes

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

2003 asp 13

25 April 2003

Commentary on Sections

Part 5 – Emergency Detention

Sections 37 to 40: actions following emergency detention
Duties of medical practitioner who issued the detention certificate

72.Section 37 places a duty on the medical practitioner who granted the emergency detention certificate to give notice to the managers of the hospital in which the patient is to be detained of the following matters:

73.Subsection (1) states that the medical practitioner should provide notice of these matters when the emergency detention certificate is given to the hospital managers. Subsection (3) provides, however, that where it is impracticable for the medical practitioner to provide such notice when the certificate is given to the managers, it should be given as soon as practicable after the event.