{
  "url": "https://openlegislation.uk/draft-mental-health-safeguards-for-certain-informal-patients-scotland-amendment-regulations-2017/note",
  "json_url": "https://openlegislation.uk/draft-mental-health-safeguards-for-certain-informal-patients-scotland-amendment-regulations-2017/note.json",
  "legislation": "sdsi/2017/9780111035771",
  "legislation_title": "The Mental Health (Safeguards for Certain Informal Patients) (Scotland) Amendment Regulations 2017",
  "legislation_url": "https://openlegislation.uk/draft-mental-health-safeguards-for-certain-informal-patients-scotland-amendment-regulations-2017",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend the Mental Health (Safeguards for Certain Informal Patients) (Scotland) Regulations 2005 (“the Principal Regulations”) to include provision for nutrition by artificial means. Regulation 2(2) of these Regulations inserts a definition of nutrition by artificial means into regulation 1(2) of the Principal Regulations.\nFor the purposes of section 244 of the Mental Health (Care and Treatment) (Scotland) Act 2003, nutrition by artificial means is specified as a type of medical treatment (regulation 2(4)). This means that it may be given to a patient only if certain conditions set out in regulations are satisfied. Those conditions are set out in regulations 2-5 of the Principal Regulations. Regulation 5 of the Principal Regulations deals with urgent medical treatment and additional amendments are made to that regulation to deal with emergency treatment which consists of nutrition by artificial means.\nNew conditions are introduced by these Regulations where treatment consisting of nutrition by artificial means must be given urgently and there is not enough time to consult the designated medical practitioner before the treatment is given. In those circumstances, the practitioner primarily responsible for the treatment may give the treatment provided that there is consent from the person having parental responsibilities and parental rights in relation to the patient and, the medical practitioner has told the Mental Welfare Commission first of their intention to give the treatment (regulation 2(3)(c)). The practitioner need not inform the Commission before giving the treatment if that would unduly delay it (regulation 2(3)(c)).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2017/9780111035771/note",
    "retrieved_at": "2026-10-30T15:33:45.490086+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}