261AHelp with communication at medical examination etc.

1

Subsection (2) below applies where—

a

a medical examination or interview referred to in subsection (4)(a) or (b) below is to be carried out, and

b

the subject of it—

i

has difficulty in communicating, or

ii

generally communicates in a language other than English.

2

The appropriate person must take all reasonable steps to secure that, for the purpose of enabling the subject of the medical examination or interview to communicate during it—

a

arrangements appropriate to the subject's needs are made, or

b

the subject is provided with assistance, or material, appropriate to those needs.

3

As soon as practicable after taking any steps under subsection (2) above, the appropriate person must make a written record of the steps.

4

This subsection refers to—

a

a medical examination by virtue of section 36(1)(a), 44(1)(a), 57(2) or 136(2) of this Act,

b

an interview by virtue of—

i

section 45(1)(a) or 61(2)(a) of this Act, or

ii

section 57C(2)(a) or 59B(2)(a) of the 1995 Act.

5

In subsections (2) and (3) above, “the appropriate person” means—

a

in relation to a medical examination by virtue of section 136(2) of this Act, the Scottish Ministers,

b

in relation to a medical examination by virtue of any of the other sections of this Act mentioned in subsection (4)(a) above—

i

if it is to be carried out at a hospital, the managers of the hospital,

ii

if it is to be carried out elsewhere, the medical practitioner carrying it out,

c

in relation to an interview referred to in subsection (4)(b) above—

i

if it is to be carried out at a hospital, the managers of the hospital,

ii

if it is to be carried out elsewhere, the mental health officer carrying it out.