{
  "url": "https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003/section-40",
  "json_url": "https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003/section-40.json",
  "legislation": "asp/2003/13",
  "legislation_title": "Mental Health (Care and Treatment) (Scotland) Act 2003",
  "legislation_url": "https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003",
  "path": "section/40",
  "kind": "section",
  "number": "40",
  "heading": "Revocation of emergency detention certificate: notification",
  "text": "(1) Where an approved medical practitioner revokes a certificate under section 39 of this Act, the practitioner shall, as soon as practicable after doing so, inform—\n(a) the patient; and\n(b) the managers of the hospital in which the patient is detained,\nof the revocation.\n(2) The managers of the hospital shall, as soon as practicable after being informed of the revocation, inform the Commission and the persons mentioned in section 38(4) and (5) of this Act of the revocation.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 40(2) inserted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 4(4), 61(2); S.S.I. 2017/197, art. 2, sch."
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 40 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2003/13/section/40",
    "retrieved_at": "2026-10-29T20:16:46.625109+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."
}