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The Mental Health (Conflict of Interest) (Scotland) Regulations 2017

Consolidated Text As Enacted Cited authorities 12 Cited in Amendments 1 Related
Vincent
JurisdictionScotland
CitationSSI 2017/174
Year2017
(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.
  • related to the patient in any degree specified in the schedule; or
  • 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) .
  • Section 291A(1) (conflicts of interest to be avoided) does not apply
    • either medical practitioner is related to the patient in any degree specified in the schedule;the medical practitioners are related to each other in any degree specified in the schedule;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;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 care service and both medical practitioners are employed by or contracted to provide services in or to that hospital.(2) For the purposes of paragraph (1) (d) , a

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