Part 7

Compulsory treatment orders
Chapter 1

Application for, and making of, orders

Pre-application procedures

Medical examination: requirements
58
1
The requirements referred to in section 57(2) of this Act are set out in subsections (2) to (6) below.
2
Subject to subsection (4) below and to regulations under subsection (5) below—
a
each medical examination of the patient shall be carried out by an approved medical practitioner; and
b
subject to subsection (6) below, each such examination shall be carried out separately.
3
Where the medical examinations are carried out separately, the second shall be completed no more than five days after the first.
4
The patient’s general medical practitioner may carry out one of the medical examinations of the patient although not an approved medical practitioner.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
The medical examinations need not be carried out separately if—
a
where the patient is capable of consenting to the examinations, the patient consents to the examinations being carried out at the same time; or
b
where the patient is incapable of consenting to the examinations—
i
the patient’s named person;
ii
any guardian of the patient; or
iii
any welfare attorney of the patient,
consents to the examinations being carried out at the same time.
S. 58 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1
S. 58 in force at 5.10.2005 in so far as not already in force 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S. 58(5) repealed (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 29(3)(d), 61(2); S.S.I. 2017/197, art. 2, sch.