The Mental Health (Medical treatment subject to safeguards) (Section 237) (Scotland) Regulations 2005

Made24th May 2005

Coming into force5th October 2005

The Scottish Ministers, in exercise of the powers conferred by section 237(3)(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 237(4) 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 237) (Scotland) Regulations 2005 and shall come into force on 5th October 2005.

(2)

In these Regulations–

“transcranial magnetic stimulation” means the focal modulation of the activity of specific brain regions, by the administration of a changing magnetic field repeatedly, over an extended period; and

“vagus nerve stimulation” means the intermittent electrical stimulation of the cervical portion of the left vagus nerve by a surgically implanted, programmable electronic device which administers electrical stimuli repeatedly, over an extended period.

Specified medical treatment2.

The types of medical treatment specified for the purposes of section 237(3)(b) of the Mental Health (Care and Treatment) (Scotland) Act 2003 are–

(a)

transcranial magnetic stimulation; and

(b)

vagus nerve 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)

Section 237 of the Mental Health (Care and Treatment) (Scotland) Act 2003 requires that types of medical treatment mentioned in that section, or in regulations made under it, may be given to a patient only in accordance with the safeguards contained in sections 238 or 239 of that Act.

Regulation 2 specifies “transcranial magnetic stimulation” and “vagus nerve stimulation” as such medical treatments.