Part 5

Emergency detention

Revocation of certificate

Approved medical practitioner’s duty to revoke emergency detention certificate
39
Where a medical examination has been carried out under section 38(2) of this Act and an approved medical practitioner is not satisfied—
a
that the conditions mentioned in section 36(4)(a) and (b) and (5)(b) of this Act continue to be met in respect of the patient; or
b
that it continues to be necessary for the detention in hospital of the patient to be authorised by the certificate,
the approved medical practitioner shall revoke the certificate.
Words in s. 39 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(3)
S. 39 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)