Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

Part 6 S Short-term detention

Duties on hospital managers S

46 Hospital managers' duties: notification S

(1) This section applies where a patient is [F1 subject to] a short-term detention certificate.

(2) The managers of the hospital shall as soon as practicable after the production to them of the short-term detention certificate, give notice of its granting to—

(a) the patient;

(b) the patient’s named person;

(c) any guardian of the patient; and

(d) any welfare attorney of the patient.

(3) The managers of the hospital shall, before the expiry of the period of 7 days beginning with the day on which the certificate is granted, give notice of its granting F2 ... to—

(a) the Tribunal; and

(b) the Commission.

[F3 (4) When giving notice under subsection (2) or (3) above, the managers of the hospital are to send a copy of the certificate to each recipient of the notice.]

Textual Amendments

F1 Words in s. 46(1) 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(5)

F2 Words in s. 46(3) repealed (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 5(3)(a), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 6)

F3 S. 46(4) inserted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 5(3)(b), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 6)

Commencement Information

I1 S. 46 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)