http://www.legislation.gov.uk/asp/2003/13/section/49/2011-04-01Mental 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 Participation2011-04-01
Mental 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 6
Short-term detention<Emphasis>Revocation of certificates</Emphasis>Responsible medical officer’s duty to review continuing need for detention491Where a patient is subject to a short-term detention certificate or an extension certificate, the patient’s responsible medical officer shall, from time to time, consider—awhether the conditions mentioned in paragraphs (a), (b) and (d) of section 44(4) of this Act continue to be met in respect of the patient; andbwhether it continues to be necessary for the detention in hospital of the patient to be authorised by the certificate.2If, having complied with subsection (1) above, the responsible medical officer is not satisfied—athat the conditions referred to in paragraph (a) of that subsection continue to be met in respect of the patient; orbthat it continues to be necessary for the detention in hospital of the patient to be authorised by the certificate,the responsible medical officer shall revoke the certificate.3The responsible medical officer shall, as soon as practicable after revoking a certificate under subsection (2) above, give notice of its revocation to—athe patient;bthe patient’s named person;cany guardian of the patient;dany welfare attorney of the patient; andethe mental health officer who was consulted under section 44(3)(c) of this Act.4The responsible medical officer shall, before the expiry of the period of 7 days beginning with the day on which the certificate is revoked, give notice of its revocation to—athe Tribunal; andbthe Commission.Words in s. 49(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(7)S. 49 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)