The Adults with Incapacity (Specified Medical Treatments) (Scotland) Regulations 2002

Treatment in emergencies

5.—(1) Subject to paragraph (3) below, these Regulations are without prejudice to any authority conferred by any other enactment or rule of law for the preservation of the life of the adult or the prevention of serious deterioration in the adult’s medical condition, which may apply to any of the medical treatments set out in Schedule 1 to these Regulations.

(2) Where treatment of a kind set out in Schedule 1 to these Regulations, is carried out under such an authority, the medical practitioner primarily responsible for the treatment shall within 7 days after the treatment has taken place notify the Mental Welfare Commission in writing (including in electronic form) of–

(a) the name and address of the adult;

(b) the nature of the treatment;

(c) the place at which it took place; and

(d) the reasons for its having been given.

(3) Nothing in this regulation shall authorise the carrying out of any medical treatment where an interdict has been granted and continues to have effect prohibiting the provision of such medical treatment.