2005 No. 443

MENTAL HEALTH

The Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 2005

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers, in exercise of the powers conferred on them by sections 245(2), 246 and 325 of the Mental Health (Care and Treatment) (Scotland) Act 20031, and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation1

1

These Regulations may be cited as the Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 2005 and shall come into force on 5th October 2005.

2

In these Regulations –

  • the Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003; and

  • “Form” means a Form set out in Schedule 2.

and any reference to a Form having a letter and a number is a reference to the Form having that letter and number in Schedule 2.

Forms2

Any certificate given under a section of the Act which is specified in an entry in column 1 of Schedule 1 shall contain the particulars set out in the part of the Form which is specified in the corresponding entry in column 2 of that Schedule.

Form of certificates3

Any certificate given under a section of the Act which is specified in an entry in column 1 of Schedule 2 shall be in the Form which is specified in column 2 of that Schedule and set out in that Schedule.

LEWIS MACDONALDAuthorised to sign by the Scottish MinistersSt Andrew’s House, Edinburgh

SCHEDULE 1

Regulation 2

Column 1

Column 2

Section 235

Form T1 part 1

Section 236

Form T1 part 2

Section 238

Form T2 page 3

Section 239

Form T3 parts 1 and 3

Section 241

Form T3 parts 2 and 3

SCHEDULE 2

Regulation 3

Column 1

Column 2

Section 235

Form T1 part 1

Section 236

Form T1 part 2

Section 238

Form T2 page 3

Section 239

Form T3 parts 1 and 3

Section 241

Form T3 parts 2 and 3

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(This note is not part of the Order)

These Regulations prescribe the contents of the forms to be used for giving certificates under sections 235, 236, 238, 239 and 241 in respect of the patient’s consent to medical treatment and the patient’s best interests with regard to giving that treatment.