# The Mental Health (Conflict of Interest) (Scotland) Regulations 2005, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations provide for the circumstances where there is, or is not, to be taken to be a conflict of interest, and where such a conflict of interest is permitted, in relation to certain medical examinations carried out under the Mental Health (Care and Treatment) (Scotland) Act 2003.
Regulation 2 and the Schedule provide for the circumstances where there is to be taken to be a conflict of interest in relation to medical examinations to be carried out for the purpose of the granting of a short term detention certificate and an extension certificate.
Regulation 3 provides that the circumstances referred to in regulation 2 are not to be taken to cause a conflict of interest where delay in carrying out the examination would involve a serious risk to health, safety or welfare to the patient or to the safety of others.
Regulation 4 and the Schedule provide for the circumstances where there is to be taken to be a conflict of interest in relation to medical examinations carried out in connection with an application for a compulsory treatment order.
Regulation 5 provides that, notwithstanding a conflict in certain circumstances, the medical examinations may be carried out where delay would involve a serious risk to health, safety or welfare of the patient or to the safety of others.

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Source: https://www.legislation.gov.uk/ssi/2005/262/note (the official version)
Page: https://openlegislation.uk/mental-health-conflict-of-interest-scotland-regulations-2005/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.