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

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This is the original version (as it was originally enacted).

129Certificates under sections 127 and 128: revocation

This section has no associated Explanatory Notes

(1)Subsection (2) below applies where a certificate is granted under section 127(1) or (3) or 128(1) of this Act.

(2)If the patient’s responsible medical officer is satisfied that it is necessary—

(a)in the interests of the patient; or

(b)for the protection of any other person,

that the certificate be revoked, the responsible medical officer may revoke the certificate.

(3)Where the responsible medical officer revokes under subsection (2) above a certificate granted under subsection (1) or (3) of section 127 of this Act, the responsible medical officer shall, as soon as practicable after the revocation, give notice of it to—

(a)the patient;

(b)the patient’s named person;

(c)the mental health officer;

(d)where a person is authorised for the purposes of subsection (6)(a) of that section, that person; and

(e)the patient’s general medical practitioner.

(4)Where the responsible medical officer revokes under subsection (2) above a certificate granted under section 128(1) of this Act, the responsible medical officer shall, as soon as practicable after the revocation, give notice to the persons mentioned in paragraphs (a) to (c) of subsection (3) above of—

(a)the revocation; and

(b)the responsible medical officer’s reasons for revoking the certificate.

(5)Where the responsible medical officer revokes under subsection (2) above a certificate granted under section 127(1) or (3) or 128(1) of this Act, the responsible medical officer shall, before the expiry of the period of 14 days beginning with the day on which the certificate is revoked, give notice of the revocation to the Commission.

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