# The Mental Health (Removal Order) (Scotland) Regulations 2005

S.S.I. 2005/381 · made 8 July 2005

These Regulations specify the persons, other than the person who is the subject of the application, who are to be afforded an opportunity by a sheriff to make representations and to lead or produce evidence before an application for a removal order under section 293 of the Mental Health (Care and Treatment) (Scotland) Act 2003 is determined.

Made under: Mental Health (Care and Treatment) (Scotland) Act 2003 (Section 293)

PDFs: Printed copy https://openlegislation.uk/mental-health-removal-order-scotland-regulations-2005/pdf/ssi_20050381_en.pdf; Executive Note https://openlegislation.uk/mental-health-removal-order-scotland-regulations-2005/pdf/ssien_20050381_en.pdf

## Introductory text

MENTAL HEALTH
Made 8th July 2005
Laid before the Scottish Parliament 18th July 2005
Coming into force 5th October 2005
The Scottish Ministers, in exercise of the powers conferred by section 293(6)(b) 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 and commencement

These Regulations may be cited as the Mental Health (Removal Order) (Scotland) Regulations 2005 and shall come into force on 5th October 2005.

## 2 Persons to be afforded the opportunity to be heard by sheriff

The persons prescribed for the purposes of section 293(6)(b) (removal order) of the Mental Health (Care and Treatment) (Scotland) Act 2003 are:
(a) the nearest relative of the person;
(b) any guardian of the person;
(c) any welfare attorney of the person;
(d) any primary carer of the person.

## Signature

LEWIS MACDONALD
Authorised to sign by the Scottish Ministers
St Andrew’s House, Edinburgh
8th July 2005

## Explanatory note

(This note is not part of the Regulations)
These Regulations specify the persons, other than the person who is the subject of the application, who are to be afforded an opportunity by a sheriff to make representations and to lead or produce evidence before an application for a removal order under section 293 of the Mental Health (Care and Treatment) (Scotland) Act 2003 is determined.

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Source: https://www.legislation.gov.uk/ssi/2005/381 (the official version)
Page: https://openlegislation.uk/mental-health-removal-order-scotland-regulations-2005
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.