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

Revocation of certificate S

39 Approved medical practitioner’s duty to revoke emergency detention certificate S

[F1 Where a medical examination has been carried out under section 38(2) of this Act and an approved medical practitioner] is not satisfied—

(a) that the conditions mentioned in section 36(4)(a) and (b) and (5)(b) of this Act continue to be met in respect of the patient; or

(b) that it continues to be necessary for the detention in hospital of the patient to be authorised by the certificate,

the approved medical practitioner shall revoke the certificate.

Textual Amendments

F1 Words in s. 39 substituted (27.9.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 1, sch. 1 para. 32(3)

Commencement Information

I1 S. 39 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)

40 Revocation of emergency detention certificate: notification S

(1) Where an approved medical practitioner revokes a certificate under section 39 of this Act, the practitioner shall, as soon as practicable after doing so, inform—

(a) the patient; and

(b) the managers of the hospital in which the patient is detained,

of the revocation.

(2) The managers of the hospital shall, as soon as practicable after being informed of the revocation, inform [F2 the Commission and] the persons mentioned in section 38(4) and (5) of this Act of the revocation.

Textual Amendments

F2 Words in s. 40(2) inserted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 4(4), 61(2); S.S.I. 2017/197, art. 2, sch.

Commencement Information

I2 S. 40 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)