# The Mental Health (Form of Documents) (Scotland) Regulations 2005 S.S.I. 2005/444 · made 12 September 2005 The Regulations provide for the form of certain documents required or authorised under the Mental Health (Care and Treatment) (Scotland) Act 2003, the information to be set out in the forms and the circumstances in which those forms should be used. Made under: Mental Health (Care and Treatment) (Scotland) Act 2003 (Section 325) PDFs: Printed copy https://openlegislation.uk/mental-health-form-of-documents-scotland-regulations-2005/pdf/ssi_20050444_en.pdf; Executive Note https://openlegislation.uk/mental-health-form-of-documents-scotland-regulations-2005/pdf/ssien_20050444_en.pdf ## Introductory text MENTAL HEALTH Made 12th September 2005 Laid before the Scottish Parliament 13th September 2005 Coming into force 5th October 2005 The Scottish Ministers, in exercise of the powers conferred on them by section 325 of the Mental Health (Care and Treatment) (Scotland) Act 2003, and of all other powers enabling them in that behalf, hereby make the following Regulations: ## 1 Citation, commencement and interpretation (1) These Regulations may be cited as the Mental Health (Form of Documents) (Scotland) Regulations 2005 and shall come into force on 5th October 2005. (1) In these Regulations– (a) “the 2003 Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003; and (b) any reference to a numbered section is a reference to the section bearing that number in the 2003 Act. ## 2 Form of documents Any document required or authorised to be prepared by virtue of a section of the 2003 Act listed in column 1 of Schedule 1 shall contain the particulars set out in the corresponding form listed in column 2 of that Schedule and set out in Schedule 2 and shall be used in the circumstances specified in column 3 of Schedule 1. ## Signature LEWIS MACDONALD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 12th September 2005 ## Schedule 1 Column 1 Column 2 Column 3 Section 35 Form MH01 Application for warrant to enter premises under subsection (1); Form MH01A Warrant under subsection (1); Form MH02 Application for warrant to detain person under subsection (4) for the purpose of enabling a medical examination; Form MH02A Warrant under subsection (4); Form MH003 Application for warrant for access to medical records under subsection (7); Form MH03A Warrant under subsection (7). Section 292 Form MH04 Application for warrant to enter premises under subsection (1); Form MH04A Warrant under subsection (1) Warrant under subsection (1) Section 293 Form MH05 Application for removal order under subsection (1); Form MH05A Intimation of application for removal order under subsection (1); Form MH05B Removal order granted by sheriff under subsection (1) Section 294 Form MH06 Application to Justice of the Peace for removal order; Form MH06A Removal order granted by Justice of the Peace Section 295 Form MH07 Application for recall or variation of removal order Form MH07A Intimation of application for recall or variation of removal order Form MH07B Order recalling or varying removal order ## Schedule 2 FORM MH01 Form of application for warrant to enter premises under section 35(1) APPLICATION FOR WARRANT TO ENTER PREMISES UNDER SECTION 35(1) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003 FORM MH01A Form of warrant under section 35(1) (warrant to enter premises) WARRANT UNDER SECTION 35(1) (WARRANT TO ENTER PREMISES) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003 FORM MH02 Form of application for warrant to detain under section 35(4) for the purpose of enabling a medical examination APPLICATION FOR WARRANT TO DETAIN PERSON FOR THE PURPOSES OF ENABLING A MEDICAL EXAMINATION UNDER SECTION 35(4) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003 FORM MH02A Form of warrant under section 35(4) WARRANT UNDER SECTION 35(4) (WARRANT TO DETAIN PERSON FOR THE PURPOSES OF ENABLING A MEDICAL EXAMINATION) UNDER THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003 FORM MH03 Form of application for warrant for access to medical records under section 35(7) APPLICATION FOR WARRANT FOR ACCESS TO MEDICAL RECORDS UNDER SECTION 35(7) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003 FORM MH03A Form of warrant under section 35(7) WARRANT UNDER SECTION 35(7) (WARRANT FOR ACCESS TO MEDICAL RECORDS) UNDER THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003 FORM MH04 Form of application for warrant to enter premises under section 292 FORM OF APPLICATION FOR WARRANT TO ENTER PREMISES UNDER SECTION 292 OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003 FORM MH04A Form of warrant to enter premises under section 292(1) WARRANT UNDER SECTION 292(1) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003 FORM MH05 Form of application for removal order under section 293(1) APPLICATION FOR REMOVAL ORDER UNDER SECTION 293(1) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003 Form MH05A Form of intimation of application for removal order under section 293(1) INTIMATION OF APPLICATION FOR REMOVAL ORDER UNDER SECTION 293(1) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003 Form MH05B Form of removal order under section 293(1) REMOVAL ORDER UNDER SECTION 293(1) OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003 Form MH06 Form of application to Justice of the Peace for removal order under section 294 FORM OF APPLICATION FOR REMOVAL ORDER UNDER SECTION 294 OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003 Form MH06A Form of removal order granted by a Justice of the Peace REMOVAL ORDER UNDER SECTION 294 OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003 Form MH07 Form of application for recall or variation of a removal order APPLICATION FOR RECALL OR VARIATION OF A REMOVAL ORDER UNDER SECTION 295 OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003 Form MH07A Form of intimation of hearing of application for recall or variation of removal order under section 295 INTIMATION OF APPLICATION FOR RECALL OR VARIATION OF REMOVAL ORDER UNDER SECTION 295 OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003 Form MH07B Form of order for recall or variation of removal order ORDER FOR RECALL OR VARIATION OF REMOVAL ORDER UNDER SECTION 295 OF THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003 ## Explanatory note (This note is not part of the Regulations) The Regulations provide for the form of certain documents required or authorised under the Mental Health (Care and Treatment) (Scotland) Act 2003, the information to be set out in the forms and the circumstances in which those forms should be used. --- Source: https://www.legislation.gov.uk/ssi/2005/444 (the official version) Page: https://openlegislation.uk/mental-health-form-of-documents-scotland-regulations-2005 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.