Young persons

6.—(1) No treatment for mental disorder set out in Schedule 1 to these Regulations may be carried out in relation to an adult who is 16 or 17 years of age(1) and is incapable in relation to a decision about that treatment unless either–

(a)the medical practitioner primarily responsible for that treatment has a qualification, or special experience, in child and adolescent psychiatry; or

(b)that practitioner has sought and obtained an opinion in writing from a practitioner having such a qualification or special experience that the treatment is reasonably required to safeguard or promote the mental health of the adult.

(2) No treatment for mental disorder set out in Part 2 of Schedule 1 to these Regulations may be carried out in relation to an adult who is 16 or 17 years of age and is incapable in relation to a decision about that treatment unless the medical practitioner appointed by the Mental Welfare Commission who certifies that the treatment should be carried out has a qualification, or special experience, in child and adolescent psychiatry or in another specialism appropriate to the treatment of the adult.

(1)

“adult” is defined by section 1 of the Adults with Incapacity (Scotland) Act 2000 as meaning a person who has attained the age of 16 years.