4Emergency detention in hospitalS
(1)The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.
(2)In subsection (2) of section 36 (emergency detention in hospital), after paragraph (d) there is inserted—
“(da)section 113(5) of this Act;”.
(3)In section 38 (duties on hospital managers: examination, notification etc.)—
(a)in paragraph (b)(i) of subsection (3), for the words “persons mentioned in subsection (4) below” there is substituted “ Commission of the granting of the certificate and ”,
(b)after subsection (3) there is inserted—
“(3A)The managers of the hospital may, so far as they consider it appropriate, give notice of the matters notified to them under section 37 of this Act to the persons mentioned in subsection (4) below.”,
(c)in subsection (4)—
(i)in the text preceding paragraph (a), for the words “subsection (3)(a) and (b)(i)” there is substituted “ subsections (3)(a) and (3A) ”,
(ii)after paragraph (c) there is inserted—
“(ca)if known to the managers and not falling within paragraph (a) or (b) above—
(i)any guardian of the patient; and
(ii)any welfare attorney of the patient.”,
(iii)paragraph (d) is repealed together with the word “and” immediately preceding it.
(4)In subsection (2) of section 40 (revocation of emergency detention certificate: notification), after the word “inform” there is inserted “ the Commission and ”.
(5)In subsection (4) of section 42 (certificate under section 41: revocation), after the word “inform” there is inserted “ the Commission and ”.
Commencement Information
I1S. 4 in force at 30.6.2017 by S.S.I. 2017/197, art. 2, sch. (with art. 5)