Section 46 Hospital managers' duties: notificationI1

Scotland

(1)

This section applies where a patient is F1subject to a short-term detention certificate.

(2)

The managers of the hospital shall as soon as practicable after the production to them of the short-term detention certificate, give notice of its granting to—

(a)

the patient;

(b)

the patient’s named person;

(c)

any guardian of the patient; and

(d)

any welfare attorney of the patient.

(3)

The managers of the hospital shall, before the expiry of the period of 7 days beginning with the day on which the certificate is granted, give notice of its granting F2... to—

(a)

the Tribunal; and

(b)

the Commission.

F3(4)

When giving notice under subsection (2) or (3) above, the managers of the hospital are to send a copy of the certificate to each recipient of the notice.

Annotations

Textual amendments

F1: Words in s. 46(1) substituted (27.9.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 1, sch. 1 para. 32(5)
F2: Words in s. 46(3) repealed (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 5(3)(a), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 6)
F3: S. 46(4) inserted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 5(3)(b), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 6)

Commencement

I1: S. 46 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)