PART 1THE 2003 ACT
Removal and detention of patients
I120Detention pending medical examination
1
The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.
2
In section 299 (nurse's power to detain pending medical examination)—
a
in subsection (2)—
i
paragraph (b) is repealed together with the word “and” immediately preceding it,
ii
in the text following paragraph (b), for the words from “, subject” to the end there is substituted “
be detained in the hospital for a period not exceeding 3 hours (“holding period”) for the purpose of enabling the carrying out of a medical examination of the patient by a medical practitioner
”
,
b
in paragraph (c) of subsection (3), for the words “to carry out a medical examination of the patient” there is substituted “
for a medical examination of the patient to be carried out by a medical practitioner
”
,
c
subsection (4) is repealed.