Part 6

Short-term detention

Duties on hospital managers

Hospital managers' duties: notification
46
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 ... to—
a
the Tribunal; and
b
the Commission.
4
When giving notice under subsection (2) or (3) above, the managers of the hospital are to send a copy of the certificate to each recipient of the notice.
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)
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)
S. 46(4) inserted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 5(3)(b), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 6)
Words in s. 46(3) repealed (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 5(3)(a), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 6)