2008 No. 316

MENTAL HEALTH

The Mental Health (Certificates for Medical Treatment) (Scotland) Amendment Regulations 2008

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 245(2), 246(1) and 325 of the Mental Health (Care and Treatment) (Scotland) Act 20031 and all other powers enabling them to do so.

Citation and commencement1

These Regulations may be cited as the Mental Health (Certificates for Medical Treatment) (Scotland) Amendment Regulations 2008 and come into force on 12th October 2008.

Amendment of the Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 20052

In Schedule 2 of the Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 20052–

a

for parts 1 and 2 of Form T1 substitute parts 1 and 2 of Form T1 in the Schedule to these Regulations;

b

for Form T2 substitute Form T2 in the Schedule to these Regulations; and

c

for parts 1, 2 and 3 of Form T3 substitute parts 1, 2 and 3 of Form T3 in the Schedule to these Regulations.

S ROBISONAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh

SCHEDULE

Regulation 2

Form T1 Parts 1 and 2

Form T2

Form T3 Parts 1, 2 and 3

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(This note is not part of the Regulations)

These Regulations substitute the prescribed contents of forms T1, T2 and T3 which are to be used for giving certificates under sections 235, 236, 238, 239 and 241 of the Mental Health (Care and Treatment) (Scotland) Act 2003. The certificates are in respect of the patient’s consent to certain types of medical treatment and the patient’s best interests with regard to giving that treatment.