The Mental Health (Medical treatment subject to safeguards) (Section 234) (Scotland) Regulations 2005

Made24th May 2005

Coming into force5th October 2005

The Scottish Ministers, in exercise of the powers conferred by section 234(2)(b) of the Mental Health (Care and Treatment) (Scotland) Act 20031 and of all other powers enabling them in that behalf, after consulting such persons as they considered appropriate in accordance with section 234(3) of that Act, hereby make the following Regulations, a draft of which has, in accordance with section 326(4)(c) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Mental Health (Medical treatment subject to safeguards) (Section 234) (Scotland) Regulations 2005 and shall come into force on 5th October 2005.

(2)

In these Regulations–

“deep brain stimulation” means the focal modulation of the activity of specific brain regions by direct electrical stimulation delivered by electrodes which are stereotactically implanted in the brain and attached to a programmable control unit inserted in the chest which delivers electrical stimuli administered repeatedly, over an extended period.

Specified medical treatment2.

The type of medical treatment specified for the purposes of section 234(2)(b) of the Mental Health (Care and Treatment) (Scotland) Act 2003 is deep brain stimulation.

RHONA BRANKIN

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

24th May 2005

(This note is not part of the Regulations)

These Regulations specify medical treatment which may be given to a patient under section 234(2)(b) of the Mental Health (Care and Treatment) (Scotland) Act 2003 only in accordance with the safeguards contained in sections 235 or 236 of that Act.

Regulation 2 specifies “deep brain stimulation” as such a medical treatment.