Rule 3.8.4 Duties of responsible medical officerI1

Scotland

(1)

On receipt of a notice in Form 13 the responsible medical officer shall, subject to rule 3.8.5(1)–

(a)

deliver the notice in Form 12 to the patient; and

(b)

as soon as practicable thereafter, complete and return to the court a certificate of such delivery in Form 14.

(2)

Where, in the opinion of the responsible medical officer, it would be prejudicial to the F1patient's health or treatment if the patient were to be present during the proceedings–

(a)

in an application to which rule 3.8.3(3) applies, the responsible medical officer shall set forth his reasons for his opinion in the certificate in Form 14; and

(b)

in any other case, the responsible medical officer or the special medical officer, as the case may be, shall set forth his reasons for his opinion in writing and send them to the sheriff clerk.

Annotations

Textual amendments

F1: Word in rule 3.8.4(2) substituted (24.1.2003) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2003 (S.S.I. 2003/26), paras. 1(1), 3(5)

Commencement

I1: Rule 3.8.4 in force at 1.7.1999, see rule 1.1(1)