Mental Health (Scotland) Act 2015 (asp 9)

PART 1 THE 2003 ACT

Advance statements and patients’ rights

29 Conflicts of interest to be avoided

(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

291A Conflicts of interest to be avoided

(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(3) These provisions are repealed—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).