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Adults with Incapacity (Scotland) Act 2000

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48Exceptions to authority to treat

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(1)The authority conferred by section 47(2) does not extend to the giving of any of the forms of treatment to which Part X of the 1984 Act applies to a patient to whom that Part applies (which Part authorises certain treatments for mental disorder for certain patients detained under that Act).

(2)The Scottish Ministers may by regulations specify medical treatment, or a class or classes of medical treatment, in relation to which the authority conferred by section 47(2) shall not apply and make provision about the medical treatment, or a class or classes of medical treatment, in relation to which that authority does apply.

(3)Regulations made under subsection (2) may provide for the circumstances in which the specified medical treatment or specified class or classes of medical treatment may be carried out.

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