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
Effect of granting of short-term detention certificate

85.By virtue of section 44(5), a certificate granted by an approved medical practitioner authorises three measures:

86.Subsection (1) of section 45 provides that, on being asked to consent to short-term detention, the mental health officer must, if practicable, interview the patient and ascertain the name and address of the patient’s named person. The mental health officer must also inform the patient of the availability of advocacy services under section 259 of the Act. Subsections (2) and (3) provide that if it is impracticable for the mental health officer to interview the patient and ascertain the name and address of the named person, the mental health officer must give to the approved medical practitioner a copy of a record which states the steps they have taken in attempting to comply with these duties.