Part 16

Medical treatment

Supplementary

Certificates under sections 235, 236, 239 and 241
245
1
This section applies to certificates under sections 235, 236, 239 and 241 of this Act.
2
A certificate shall contain such particulars as may be prescribed by regulations.
3
Before giving a certificate, the person giving it shall consult—
a
subject to subsection (4) below—
i
the patient; ...
ii
the patient’s named person; and
iii
any guardian of the patient; and
iv
any welfare attorney of the patient;
b
such person or persons as appear to the person giving the certificate to be principally concerned with the patient’s medical treatment.
4
The person giving a certificate need not consult any person such as is mentioned in paragraph (a) of subsection (3) above in any case where it is impracticable to do so.
5
A person who gives a certificate shall, before the expiry of the period of 7 days beginning with the day on which the certificate is given, send a copy of it to the Commission.
S. 245 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1
S. 245 in force at 5.10.2005 in so far as not already in force 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)
Word in s. 245(3)(a) repealed (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 30(2)(a), 61(2); S.S.I. 2017/197, art. 2, sch.
S. 245(3)(a)(iii)(iv) inserted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 30(2)(b), 61(2); S.S.I. 2017/197, art. 2, sch.