Explanatory Notes

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

2003 asp 13

25 April 2003

Commentary on Sections

Part 6 – Short-Term Detention

Sections 44 to 56: short-term detention in hospital
Relationship between certificate and other measures under Act authorising detention

95.Section 55 provides that the granting of a subsequent short-term detention certificate supersedes an emergency detention certificate.

96.Section 56 similarly provides that where a patient is subject to a compulsory treatment order and a short-term detention certificate is subsequently granted in respect of that patient, the compulsory treatment order will not authorise the measures specified in it during the period that the patient is subject to the short-term detention certificate.