Part 5

Emergency detention

Suspension of authority to detain

Certificate under section 41: revocation
42
1
Subsection (2) below applies where a certificate is granted under section 41(1) of this Act in respect of a patient.
2
If the patient’s responsible medical officer is satisfied that it is necessary—
a
in the interests of the patient; or
b
for the protection of any other person,
that the certificate be revoked, the responsible medical officer may revoke the certificate.
3
Where a responsible medical officer revokes a certificate under subsection (2) above, the responsible medical officer shall, as soon as practicable after doing so, inform—
a
the patient;
b
if the certificate includes a condition such as is mentioned in section 41(4)(a) of this Act, any person authorised in accordance with that condition; and
c
the managers of the hospital in which the patient is detained,
of the revocation.
4
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. 42 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. 42(4) inserted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 4(5), 61(2); S.S.I. 2017/197, art. 2, sch.