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The Mental Health (Form of Documents) (Scotland) Regulations 2005

Type Scottish-Statutory-Instrument

Publication 2005-09-12

State In force

Jurisdiction Scotland

Department Queen's Printer for Scotland

Source legislation.gov.uk

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Made: 12th September 2005

Laid before the Scottish Parliament: 13th September 2005

Coming into force: 5th October 2005

The Scottish Ministers, in exercise of the powers conferred on them by section 325 of the Mental Health (Care and Treatment) (Scotland) Act 2003[^f00001], 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 2005 and shall come into force on 5th October 2005.

(1) 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.

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 MH003	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)
		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

FORM MH01

Form of application for warrant to enter premises under section 35(1)

APPLICATION FOR WARRANT TO ENTER PREMISES UNDER SECTION 35(1) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

FORM MH01A

Form of warrant under section 35(1) (warrant to enter premises)

WARRANT UNDER SECTION 35(1) (WARRANT TO ENTER PREMISES) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

FORM MH02

Form of application for warrant to detain under section 35(4) for the purpose of enabling a medical examination

APPLICATION FOR WARRANT TO DETAIN PERSON FOR THE PURPOSES OF ENABLING A MEDICAL EXAMINATION UNDER SECTION 35(4) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

FORM MH02A

Form of warrant under section 35(4)

WARRANT UNDER SECTION 35(4) (WARRANT TO DETAIN PERSON FOR THE PURPOSES OF ENABLING A MEDICAL EXAMINATION) UNDER THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

FORM MH03

Form of application for warrant for access to medical records under section 35(7)

APPLICATION FOR WARRANT FOR ACCESS TO MEDICAL RECORDS UNDER SECTION 35(7) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

FORM MH03A

Form of warrant under section 35(7)

WARRANT UNDER SECTION 35(7) (WARRANT FOR ACCESS TO MEDICAL RECORDS) UNDER THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

FORM MH04

Form of application for warrant to enter premises under section 292

FORM OF APPLICATION FOR WARRANT TO ENTER PREMISES UNDER SECTION 292 OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

FORM MH04A

Form of warrant to enter premises under section 292(1)

WARRANT UNDER SECTION 292(1) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

FORM MH05

Form of application for removal order under section 293(1)

APPLICATION FOR REMOVAL ORDER UNDER SECTION 293(1) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Form MH05A

Form of intimation of application for removal order under section 293(1)

INTIMATION OF APPLICATION FOR REMOVAL ORDER UNDER SECTION 293(1) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Form MH05B

Form of removal order under section 293(1)

REMOVAL ORDER UNDER SECTION 293(1) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Form MH06

Form of application to Justice of the Peace for removal order under section 294

FORM OF APPLICATION FOR REMOVAL ORDER UNDER SECTION 294 OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Form MH06A

Form of removal order granted by a Justice of the Peace

REMOVAL ORDER UNDER SECTION 294 OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Form MH07

Form of application for recall or variation of a removal order

APPLICATION FOR RECALL OR VARIATION OF A REMOVAL ORDER UNDER SECTION 295 OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Form MH07A

Form of intimation of hearing of application for recall or variation of removal order under section 295

INTIMATION OF APPLICATION FOR RECALL OR VARIATION OF REMOVAL ORDER UNDER SECTION 295 OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Form MH07B

Form of order for recall or variation of removal order

ORDER FOR RECALL OR VARIATION OF REMOVAL ORDER UNDER SECTION 295 OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Signed

LEWIS MACDONALD — Authorised to sign by the Scottish Ministers — 12th September 2005

Explanatory note

(This note is not part of the Regulations)

The Regulations provide for the form of certain documents required or authorised under the Mental Health (Care and Treatment) (Scotland) Act 2003, the information to be set out in the forms and the circumstances in which those forms should be used.

Footnotes

[^f00001]: 2003 asp 13. See section 329 for the definition of “regulations”.

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