S. 45 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)

http://www.legislation.gov.uk/asp/2003/13/section/45/2011-04-01Mental Health (Care and Treatment) (Scotland) Act 2003An Act of the Scottish Parliament to restate and amend the law relating to mentally disordered persons; and for connected purposes.texttext/xmlenStatute Law Database2026-02-04Expert Participation2011-04-01Mental Health (Care and Treatment) (Scotland) Act 2003s. 64(8A)(8B)Mental Health (Scotland) Act 2015s. 1(2)s. 61(2)Mental Health (Care and Treatment) (Scotland) Act 2003s. 65(7)Mental Health (Scotland) Act 2015s. 1(3)s. 61(2)Part 6Short-term detentionShort-term detention certificate
45Mental health officer’s duty to interview patient etc.(1)

Subject to subsection (2) below, before deciding whether to consent for the purposes of section 44(3)(d) of this Act, a mental health officer shall—

(a)

interview the patient;

(b)

ascertain the name and address of the patient’s named person;

(c)

inform the patient of the availability of independent advocacy services under section 259 of this Act; and

(d)

take appropriate steps to ensure that the patient has the opportunity of making use of those services.

(2)

If it is impracticable for the mental health officer to—

(a)

interview the patient; or

(b)

ascertain the name and address of the patient’s named person,

the mental health officer shall comply with the requirements in subsection (3) below.

(3)

Those requirements are—

(a)

recording the steps taken by the mental health officer with a view to complying with the duty concerned; and

(b)

before the expiry of the period of 7 days beginning with the day on which the mental health officer is consulted by an approved medical practitioner under section 44(3)(c) of this Act, giving a copy of the record to the approved medical practitioner.