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Mental Health (Scotland) Act 2015

Section 37 – Review of deaths of patients in hospital for treatment

111.Section 37(1) requires Ministers to undertake a review of the arrangements for investigating the death of a patient who, at the time of death, was detained in hospital by virtue of the 2003 Act, the Criminal Procedure (Scotland) Act 1995, or who was admitted voluntarily to hospital for the purpose receiving treatment for a mental disorder. Section 37(2) requires that the review must be carried out within 3 years of the section coming into force.

112.Section 37(3) requires that in carrying out the review, Ministers must consult where practicable the nearest relatives of patients who are described in subsection (1) and consult others as appropriate. Section 37(4) requires that Ministers publish a report of the review, lay a copy of it before Parliament and notify persons consulted of its publication.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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