Scottish Statutory Instruments
2006 No. 12
MENTAL HEALTH
The Mental Health (Form of Documents) (Scotland) Regulations 2006
Made
12th January 2006
Laid before the Scottish Parliament
13th January 2006
Coming into force
6th February 2006
The Scottish Ministers, in exercise of the powers conferred on them by section 325 of the Mental Health (Care and Treatment) (Scotland) Act 2003(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Mental Health (Form of Documents) (Scotland) Regulations 2006 and shall come into force on 6th February 2006.
(2) In these Regulations–
(a)“the 2003 Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003; and
(b)any reference to a numbered section is a reference to the section bearing that number in the 2003 Act.
Form of documents
2. Any document required or authorised to be prepared by virtue of a section of the 2003 Act listed in column 1 of Schedule 1 shall contain the particulars set out in the corresponding form listed in column 2 of that Schedule and set out in Schedule 2 and shall be used in the circumstances specified in column 3 of Schedule 1.
Revocation
3. The Mental Health (Form of Documents) (Scotland) Regulations 2005(2) are revoked.
LEWIS MACDONALD
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
12th January 2006
SCHEDULE 1
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Section 35 | Form MH01 | Application for warrant to enter premises under subsection (1); |
| Form MH01A | Warrant under subsection (1); | |
| Form MH02 | Application for warrant to detain person under subsection (4) for the purpose of enabling a medical examination; | |
| Form MH02A | Warrant under subsection (4); | |
| Form MH03 | Application for warrant for access to medical records under subsection (7); | |
| Form MH03A | Warrant under subsection (7). | |
| Section 292 | Form MH04 | Application for warrant to enter premises under subsection (1); |
| Form MH04A | Warrant under subsection (1). | |
| Section 293 | Form MH05 | Application for removal order under subsection (1); |
| Form MH05A | Intimation of application for removal order under subsection (1); | |
| Form MH05B | Removal order granted by sheriff under subsection (1). | |
| Section 294 | Form MH06 | Application to Justice of the Peace for removal order; |
| Form MH06A | Removal order granted by Justice of the Peace. | |
| Section 295 | Form MH07 | Application for recall or variation of removal order; |
| Form MH07A | Intimation of application for recall or variation of removal order; | |
| Form MH07B | Order recalling or varying removal order. |
SCHEDULE 2
Explanatory Note
(This note is not part of the Regulations)
These Regulations prescribe the form of certain documents required or authorised to be prepared by virtue of the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the 2003 Act”), and the circumstances in which those forms should be used. These Regulations re enact the Mental Health (Form of Documents) (Scotland) Regulations 2005 with changes to Form MH07, which shall be used for applications under section 295 of the 2003 Act for a recall or variation of a removal order.
2003 asp 13. See section 329 for the definition of “regulations”.