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The Mental Health (Form of Documents) (Scotland) Regulations 2006

S.S.I. 2006/12 · Made 12 January 2006

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

MENTAL HEALTH

Made 12th January 2006

Laid before the Scottish Parliament 13th January 2006

Coming into force 6th February 2006

The Scottish Ministers, in exercise of the powers conferred on them by section 325 of the Mental Health (Care and Treatment) (Scotland) Act 2003f1 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Annotations to the whole text

Footnotes

f1

2003 asp 13. See section 329 for the definition of “regulations”.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Form of documents
  3. 3Revocation
  4. Signature
  5. Schedule 1Schedule 1
  6. Schedule 2Schedule 2
  7. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Mental Health (Form of Documents) (Scotland) Regulations 2006 and shall come into force on 6th February 2006.

(2)

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.

2Form 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.

3Revocation

The Mental Health (Form of Documents) (Scotland) Regulations 2005f1 are revoked.

Signature

LEWIS MACDONALD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

12th January 2006

Schedule 1

Column 1Column 2Column 3
Section 35Form MH01Application for warrant to enter premises under subsection (1);
Form MH01AWarrant under subsection (1);
Form MH02Application for warrant to detain person under subsection (4) for the purpose of enabling a medical examination;
Form MH02AWarrant under subsection (4);
Form MH03Application for warrant for access to medical records under subsection (7);
Form MH03AWarrant under subsection (7).
Section 292Form MH04Application for warrant to enter premises under subsection (1);
Form MH04AWarrant under subsection (1).
Section 293Form MH05Application for removal order under subsection (1);
Form MH05AIntimation of application for removal order under subsection (1);
Form MH05BRemoval order granted by sheriff under subsection (1).
Section 294Form MH06Application to Justice of the Peace for removal order;
Form MH06ARemoval order granted by Justice of the Peace.
Section 295Form MH07Application for recall or variation of removal order;
Form MH07AIntimation of application for recall or variation of removal order;
Form MH07BOrder recalling or varying removal order.

Schedule 2

Explanatory note

(This note is not part of the Regulations)

These Regulations prescribe the form of certain documents required or authorised to be prepared by virtue of the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the 2003 Act”), and the circumstances in which those forms should be used. These Regulations re enact the Mental Health (Form of Documents) (Scotland) Regulations 2005 with changes to Form MH07, which shall be used for applications under section 295 of the 2003 Act for a recall or variation of a removal order.