http://www.legislation.gov.uk/asp/2003/13/section/242/2017-10-01Mental Health (Care and Treatment) (Scotland) Act 2003An Act of the Scottish Parliament to restate and amend the law relating to mentally disordered persons; and for connected purposes.texttext/xmlenStatute Law Database2026-02-04Expert Participation2017-10-01 Mental Health (Care and Treatment) (Scotland) Act 2003s. 64(8A)(8B)Mental Health (Scotland) Act 2015s. 1(2)s. 61(2)Mental Health (Care and Treatment) (Scotland) Act 2003s. 65(7)Mental Health (Scotland) Act 2015s. 1(3)s. 61(2) Part 16 2421This section applies where the giving of medical treatment to a patient is authorised by virtue of this Act or the 1995 Act.2Subject to subsection (6) below and to sections 234(1), 237(2), 240(2) and 243 of this Act, medical treatment may be given to the patient only in accordance with subsection (3) or (4) below.3If the patient—ais capable of consenting to the treatment; andbconsents in writing to the treatment,medical treatment is given to the patient in accordance with this subsection if the treatment is given by, or under the direction of, the patient’s responsible medical officer.4If the patient—ais capable of consenting to the treatment but—idoes not consent; oriiconsents otherwise than in writing; orbis incapable of consenting to the treatment,medical treatment is given to the patient in accordance with this subsection if the requirements in subsection (5) below are satisfied.5Those requirements are—aafter having regard—iin a case where subsection (4)(a)(i) above applies, to the reason for not consenting (if it has been disclosed to the patient’s responsible medical officer);iito any views expressed by the patient;iiito any views expressed by the patient’s named person;ivto any advance statement made by the patient; andvto the likelihood of the treatment’s alleviating, or preventing a deterioration in, the patient’s condition,the responsible medical officer determines that it is in the patient’s best interests that the treatment be given;bin the case of a patient subject to an assessment order, an approved medical practitioner who is not the patient’s responsible medical officer determines, after having regard to the matters mentioned in sub-paragraphs (i) to (v) of paragraph (a) above, that it is in the patient’s best interests that the treatment be given;cthe treatment is given by, or under the direction of, the patient’s responsible medical officer;dthe patient’s responsible medical officer records in writing the reasons for giving the treatment; andein the case of a patient subject to an assessment order, the approved medical practitioner who makes the determination referred to in paragraph (b) above records in writing the reasons for that determination.6Where the patient is not in hospital, subsection (4) above does not authorise the giving of medical treatment by force to the patient.S. 242 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)