PART 1

THE 2003 ACT

Advance statements and patients' rights

Conflicts of interest to be avoided
29
1
The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.
2
After section 291 there is inserted—

Conflicts of interest to be avoided

Conflicts of interest to be avoided
291A
1
There must not be a conflict of interest in relation to a medical examination to be carried out for the purpose of section 36(1), 44(1), 47(1), 57(2), 77(2), 78(2), 139(2), 140(2) or 182(2) of this Act.
2
Regulations may—
a
specify circumstances in which, in the application of subsection (1) above—
i
there is to be taken to be a conflict of interest,
ii
there is not to be taken to be a conflict of interest,
b
specify circumstances in which subsection (1) above does not apply.
.
3
These provisions are repealed—
a
in section 36 (emergency detention in hospital)—
i
paragraph (a) of subsection (3),
ii
subsection (9),
b
in section 44 (short-term detention in hospital)—
i
paragraph (a) of subsection (3),
ii
subsection (8),
c
in section 47 (extension of detention pending application for compulsory treatment order)—
i
paragraph (a) of subsection (2) together with the word “and” immediately following it,
ii
subsection (5),
d
in section 58 (medical examination: requirements), subsection (5).
S. 29 in force at 5.5.2017 for specified purposes by S.S.I. 2017/126, art. 2, sch.
S. 29 in force at 30.6.2017 in so far as not already in force by S.S.I. 2017/197, art. 2, sch.