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

245Certificates under sections 235, 236, 239 and 241

This section has no associated Explanatory Notes

(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; and

(ii)the patient’s named person; and

(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.