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Rule 3.39.3 Application for an order for medical examinationF1

(1)

An application made by a health board for an order under section 34(1) of the Act (order for medical examination) shall be in Form 38.

(2)

On receipt of an application mentioned in paragraph (1), the sheriff may order intimation of the application to such persons, within such a timescale and by such method as he sees fit.

(3)

Where an order for a medical examination is granted by the sheriff it shall be in Form 39.

(4)

Subject to the requirements of section 34(6)(b)(i) and (ii) of the Act, where an order for a medical examination is granted, the sheriff may direct that the order be notified to such persons, within such a timescale and by such method as he sees fit.

(5)

For the avoidance of doubt, the method of intimation or notification referred to in paragraphs (2) and (4) may include intimation or notification by telephone, email or facsimile transmission.

Annotations

Textual amendments

F1

Ch. 3 Pt. 39 inserted (1.10.2009) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Public Health etc. (Scotland) Act 2008) 2009 (S.S.I. 2009/320), paras. 1(1), 2(2)