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Statutory Instruments of the Scottish Parliament


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Scottish Statutory Instruments


2005 No. 380

MENTAL HEALTH

The Mental Health (Conflict of Interest) (Scotland) (No. 2) Regulations 2005

  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 sections 44(8), 47(5) and 58(5) of the Mental Health (Care and Treatment) (Scotland) Act 2003[1], and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation
     1. —(1) These Regulations may be cited as the Mental Health (Conflict of Interest) (Scotland) (No. 2) Regulations 2005 and shall come into force on 5th October 2005.

    (2) For the purposes of these Regulations–

    (3) In these Regulations, any other reference to a numbered section is a reference to the section bearing that number in the Mental Health (Care and Treatment) (Scotland) Act 2003.

Conflict of interest in relation to medical examination – short term detention in hospital
     2. Subject to regulation 3, the circumstances in which there is to be taken to be a conflict of interest in relation to the medical examination for the purposes of sections 44 (short term detention in hospital) and 47 (extension of short-term detention in hospital) are where the approved medical practitioner is–

Circumstances in which there is not a conflict of interest – short term detention in hospital
    
3. Notwithstanding regulation 2, the circumstances in which there is not to be taken to be a conflict of interest in relation to the medical examination for the purposes of sections 44 and 47, are where failure by the approved medical practitioner to carry out the medical examination would result in a delay which would involve serious risk to the health, safety or welfare of the patient or to the safety of other persons.

Conflict of interest in relation to medical examination – compulsory treatment order
    
4. —(1) The circumstances in which there is to be taken to be a conflict of interest in relation to the medical examination for the purposes of section 58(5) (requirements for medical examinations relating to compulsory treatment orders) are where–

    (2) For the purposes of paragraph (1)(d), unless a medical practitioner works wholly or mainly in a hospital, that practitioner shall not be regarded as being employed by or contracted to provide services in or to that hospital.

Permitted conflicts of interest – compulsory treatment order
    
5. —(1) For the purposes of section 58(5), the circumstances in which a medical examination of a patient may be carried out even although there is a conflict of interest in relation to that medical examination are–

Revocation
    
6. The Mental Health (Conflict of Interest) (Scotland) Regulations 2005[3] are hereby revoked.


LEWIS MACDONALD
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
8th July 2005



SCHEDULE
Regulations 2 and 4


Prohibited degrees of relationship


Child

Grandchild

Parent

Grandparent

Wife

Husband

Sister

Brother

Daughter-in-law

Son-in-law

Mother-in-law

Father-in-law

Sister-in-law

Brother-in-law

Cohabitee

Child, grandchild, parent, grandparent, sister or brother of a cohabitee.

For the purposes of this Schedule–



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations replace (with amendments to regulation 2) the Mental Health (Conflict of Interest) (Scotland) Regulations 2005 (S.S.I. 2005/262) which are revoked by these Regulations (regulation 6). The content of the Regulations is otherwise the same.

The 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 of 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.


Notes:

[1] 2003 asp 13.back

[2] 2001 asp 8.back

[3] S.S.I. 2005/262.back



ISBN 0 11 069662 X


 © Crown copyright 2005

Prepared 21 July 2005


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