The Mental Health (Conflict of Interest) (Scotland) Regulations 2005
| Jurisdiction | Scotland |
| Citation | SSI 2005/262 |
| Year | 2005 |
2005 No. 262
MENTAL HEALTH
The Mental Health (Conflict of Interest) (Scotland) Regulations 2005
Made 16th May 2005
Laid before the Scottish Parliament 18th May 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 20031, 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) Regulations 2005 and shall come into force on 5th October 2005.
(2) For the purposes of these Regulations–
“cohabitee” in relation to a medical practitioner, includes a person, whether of the same sex or not, who is living with that medical practitioner in a relationship which has the characteristics of the relationship between husband and wife; and
“independent health care service” has the same meaning as in section 2(5) of the Regulation of Care (Scotland) Act 20012.
(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.—(1) 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–
(a)
(a) related to the patient in any degree specified in the Schedule;
(b)
(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 or, as the case may be section 47; or
(c)
(c) employed by or contracted to provide services in or to a hospital, other than an independent health care service, in which the patient will be detained if detention is authorised under either section 44 or, as the case may be, section 47.
(2) For the purposes of paragraph (1)(c), 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.
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...
To continue reading
Request your trial