The Mental Health (Conflict of Interest) (Scotland) Regulations 2017
| Year | 2017 |
2017 No. 174
Mental Health
The Mental Health (Conflict of Interest) (Scotland) Regulations 2017
Made 30th May 2017
Laid before the Scottish Parliament 1st June 2017
Coming into force 30th June 2017
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 291A(2) of the Mental Health (Care and Treatment) (Scotland) Act 20031and all other powers enabling them to do so.
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Mental Health (Conflict of Interest) (Scotland) Regulations 2017 and come into force on 30th June 2017.
(2) For the purposes of these Regulations, “cohabitee” in relation to a medical practitioner, includes a person who is living with that medical practitioner in a relationship which has the characteristics of the relationship between spouses.
(3) In these Regulations, except in regulation 5(1)(b)(ii), any 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 a medical examination – short-term detention in hospital
2. 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(1) (short-term detention in hospital) and 47(1) (extension of short-term detention in hospital) are where the approved medical practitioner is—
(a) related to the patient in any degree specified in the schedule; or
(b) employed by or contracted to provide services in or to an independent health care service in which the patient will be detained if detention is authorised under either section 44(1) or 47(1).
Circumstances in which section 291A does not apply – short term detention
3. Section 291A(1) (conflicts of interest to be avoided) does not apply2in circumstances where a delay by the medical practitioner in carrying out a medical examination for the purposes of sections 44(1) or 47(1) would, in the opinion of that medical practitioner, give rise to a serious risk to the health, safety or welfare of the patient or to the safety of other persons.
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 57(2) (mental health officer’s duty to apply for compulsory treatment order) are where—
(a)
(a) either medical practitioner is related to the patient in any degree specified in the schedule;
(b)
(b) the medical practitioners are related to each other in any degree specified in the schedule;
(c)
(c) it is proposed that the compulsory treatment order should authorise the detention of the patient in an independent health care service and both medical practitioners are employed by or contracted to provide services in or to that independent health care service;
(d)
(d) other than in the circumstances described in paragraph (3), it is proposed that the compulsory treatment order should authorise the detention of the patient in a hospital other than an independent health...
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