{
  "url": "https://openlegislation.uk/draft-mental-health-safeguards-for-certain-informal-patients-scotland-amendment-regulations-2017/regulation-2",
  "json_url": "https://openlegislation.uk/draft-mental-health-safeguards-for-certain-informal-patients-scotland-amendment-regulations-2017/regulation-2.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": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "Amendment of the Mental Health (Safeguards for Certain Informal Patients) (Scotland) Regulations 2005",
  "text": "(1) The Mental Health (Safeguards for Certain Informal Patients) (Scotland) Regulations 2005 are amended as follows.\n(2) In regulation 1(2) (citation, commencement and interpretation) after the definition of “medical treatment” insert—\n““nutrition by artificial means” means nutrition by nasogastric feeding tube, percutaneous gastrostomy tube or intravenous route;”.\n(3) In regulation 5 (urgent medical treatment)—\n(a) in paragraph (1) after “(2)” insert “, (2A), (2B)”;\n(b) in paragraph (2) for “Treatment” substitute—\n“Subject to paragraph (2A), treatment”;\n(c) after paragraph (2) insert—\n“(2A) Treatment consisting of nutrition by artificial means may be given by the medical practitioner primarily responsible for the patient, in circumstances where the treatment is needed so urgently that it is not reasonably practicable to give the designated medical practitioner an opportunity to examine the patient and provide the certificate mentioned in paragraph (2), on the condition that—\n(a) consent to treatment consisting of nutrition by artificial means has been given in advance by a person having parental responsibilities and parental rights in relation to the patient; and\n(b) except where paragraph (2B) applies, before giving the treatment the medical practitioner primarily responsible for treating the patient informs the Commission of the decision to give the patient treatment consisting of nutrition by artificial means.\n(2B) This paragraph applies where the giving of treatment consisting of nutrition by artificial means would be unduly delayed if the medical practitioner primarily responsible for treating the patient first informs the Commission of the decision to give the treatment.”\n(4) In Regulation 6 (specified medical treatments) after paragraph (a) insert—\n“(aa) nutrition by artificial means;”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.S.I. 2005/401."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "The Commission means the Mental Welfare Commission - see sections 4 and 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2017/9780111035771/regulation/2",
    "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."
}