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The Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 2017

Type Scottish-Statutory-Instrument

Publication 2017-05-30

State In force

Jurisdiction Scotland

Department Queen's Printer for Scotland

Source legislation.gov.uk

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Made: 30th May 2017

Laid before the Scottish Parliament: 1st June 2017

Coming into force: 30th June 2017

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 2003[^f00001] and all other powers enabling them to do so.

Citation, commencement and interpretation

1

(1) These Regulations may be cited as the Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 2017 and come into force on 30th June 2017.

(2) In these Regulations—

(a) “Form” means a Form set out in schedule 2; and

(b) 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.

Form of certificate

2

Any certificate given under a section of type=start slip=2017-07-01 time=1499178960466the Mental Health (Care and Treatment) (Scotland) Act 2003type=end slip=2017-07-01 time=1499178960466 which is specified in an entry in column 1 of schedule 1 is to—

(a) contain the particulars set out in the Form which is specified in the corresponding entry in column 2 of that schedule; and

(b) be in the Form which is specified in column 2 of that schedule and set out in schedule 2.

Revocations

3

The Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 2005[^f00002] and the Mental Health (Certificates for Medical Treatment) (Scotland) Amendment Regulations 2008[^f00003] are revoked.

SCHEDULE 1

Column 1	Column 2
Section 235	Form T1
Section 236	Form T1
Section 238, where the treatment is that mentioned in section 237(3)	Form T2A
Section 238, where the treatment is that mentioned in section 240(3)	Form T2B
Section 239	Form T3A
Section 241	Form T3B

SCHEDULE 2

Form T1

Form T2A

Form T2B

Form T3A

Form T3B

Signed

MAUREEN WATT — Authorised to sign by the Scottish Ministers — 30th May 2017

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations revoke and replace the Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 2005 and the Mental Health (Certificates for Medical Treatment) (Scotland) Amendment Regulations 2008.

These Regulations prescribe the forms to be used, and the particulars of those forms, in giving certificates required under sections 235, 236, 238, 239 and 241 of the Mental Health (Care and Treatment) (Scotland) Act 2003.

Footnotes

[^f00001]: 2003 asp 13. Section 246 was amended by S.S.I. 2004/533.

[^f00002]: S.S.I. 2005/443.

[^f00003]: S.S.I. 2008/316.

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