Part 5

Emergency detention

Revocation of certificate

Revocation of emergency detention certificate: notification
40
1
Where an approved medical practitioner revokes a certificate under section 39 of this Act, the practitioner shall, as soon as practicable after doing so, inform—
a
the patient; and
b
the managers of the hospital in which the patient is detained,
of the revocation.
2
The managers of the hospital shall, as soon as practicable after being informed of the revocation, inform the Commission and the persons mentioned in section 38(4) and (5) of this Act of the revocation.
S. 40 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)
Words in s. 40(2) inserted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 4(4), 61(2); S.S.I. 2017/197, art. 2, sch.