S. 46 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. 46(1) 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(5)

http://www.legislation.gov.uk/asp/2003/13/section/46/2011-04-01Mental 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 detentionDuties on hospital managers
46Hospital managers' duties: notification(1)

This section applies where a patient is subject to a short-term detention certificate.

(2)

The managers of the hospital shall as soon as practicable after the production to them of the short-term detention certificate, give notice of its granting to—

(a)

the patient;

(b)

the patient’s named person;

(c)

any guardian of the patient; and

(d)

any welfare attorney of the patient.

(3)

The managers of the hospital shall, before the expiry of the period of 7 days beginning with the day on which the certificate is granted, give notice of its granting, and send a copy of it, to—

(a)

the Tribunal; and

(b)

the Commission.