# Mental Health (Care and Treatment) (Scotland) Act 2003, Section 245: Certificates under sections 235, 236, 239 and 241

Extent: S

(1) This section applies to certificates under sections 235, 236, 239 and 241 of this Act.
(2) A certificate shall contain such particulars as may be prescribed by regulations.
(3) Before giving a certificate, the person giving it shall consult—
(a) subject to subsection (4) below—
(i) the patient; ...
(ii) the patient’s named person; and
(iii) any guardian of the patient; and
(iv) any welfare attorney of the patient;
(b) such person or persons as appear to the person giving the certificate to be principally concerned with the patient’s medical treatment.
(4) The person giving a certificate need not consult any person such as is mentioned in paragraph (a) of subsection (3) above in any case where it is impracticable to do so.
(5) A person who gives a certificate shall, before the expiry of the period of 7 days beginning with the day on which the certificate is given, send a copy of it to the Commission.

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Source: https://www.legislation.gov.uk/asp/2003/13/section/245 (the official version)
Page: https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003/section-245
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.