(This note is not part of the Regulations)

These Regulations provide for the circumstances where there is, or is not, to be taken to be a conflict of interest, and where such a conflict of interest is permitted, in relation to certain medical examinations carried out under the Mental Health (Care and Treatment) (Scotland) Act 2003.

Regulation 2 and the Schedule provide for the circumstances where there is to be taken to be a conflict of interest in relation to medical examinations to be carried out for the purpose of the granting of a short term detention certificate and an extension certificate.

Regulation 3 provides that the circumstances referred to in regulation 2 are not to be taken to cause a conflict of interest where delay in carrying out the examination would involve a serious risk to health, safety or welfare to the patient or to the safety of others.

Regulation 4 and the Schedule provide for the circumstances where there is to be taken to be a conflict of interest in relation to medical examinations carried out in connection with an application for a compulsory treatment order.

Regulation 5 provides that, notwithstanding a conflict in certain circumstances, the medical examinations may be carried out where delay would involve a serious risk to health, safety or welfare of the patient or to the safety of others.