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Statutory Instruments of the Scottish Parliament


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SCOTTISH STATUTORY INSTRUMENTS


2005 No. 206

MENTAL HEALTH

The Mental Health (Provision of Information to Patients) (Prescribed Times) (Scotland) Regulations 2005

  Made 4th April 2005 
  Laid before the Scottish Parliament 7th April 2005 
  Coming into force 5th October 2005 

The Scottish Ministers, in exercise of the powers conferred by section 260(3)(c) 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 (Provision of Information to Patients) (Prescribed Times) (Scotland) Regulations 2005 and shall come into force on 5th October 2005.

    (2) In these Regulations any reference to a numbered section is a reference to the section bearing that number in the Mental Health (Care and Treatment) (Scotland) Act 2003.

Prescribed times
    
2. The times prescribed for the purposes of section 260(3)(c) (times other than those specified when the managers of a hospital must take all reasonable steps to ensure that the patient understands certain matters etc) are as soon as practicable after-


RHONA BRANKIN
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
4th April 2005



EXPLANATORY NOTE

(This note is not part of the Regulations)


Section 260(2) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) ("the Act") requires the managers of a hospital, at each of the times mentioned in section 260(3), to take all reasonable steps to ensure that a patient to whom section 260(1) applies understands the relevant matters defined in section 260(5), is supplied with certain materials and is informed of the availability of independent advocacy services.

Section 260(1) applies to a patient who is detained in a hospital by virtue of the Act or the Criminal Procedure (Scotland) Act 1995 (c.46) or, although not detained in a hospital, is subject to any of the certificates, orders, or directions specified in section 260(1)(b).

In addition to the times specified in section 260(3) of the Act, the Scottish Ministers are empowered by section 260(3)(c) to prescribe the times when this should be done. These regulations prescribe those other times.


Notes:

[1] 2003 asp 13.back

[2] Section 114 is applied to a patient subject to a relevant compulsion order by section 177(2).back

[3] Section 124 is applied to a patient whose detention in hospital is authorised by a relevant compulsion order by section 178.back

[4] Section 127 is applied to a patient subject to a relevant compulsion order by section 179(1).back

[5] Section 128 is applied to a patient subject to a relevant compulsion order by section 179(2).back

[6] Section 129 is applied to a patient subject to a relevant compulsion order by section 179(3).back



ISBN 0 11 069540 2


 © Crown copyright 2005

Prepared 11 April 2005


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URL: http://www.bailii.org/scot/legis/num_reg/2005/20050206.html