http://www.legislation.gov.uk/asp/2003/13/section/292/2013-04-01Mental Health (Care and Treatment) (Scotland) Act 2003An Act of the Scottish Parliament to restate and amend the law relating to mentally disordered persons; and for connected purposes.texttext/xmlenStatute Law Database2024-05-20Expert Participation2013-04-01Mental Health (Care and Treatment) (Scotland) Act 2003s. 64(8A)(8B)Mental Health (Scotland) Act 2015s. 1(2)s. 61(2)Mental Health (Care and Treatment) (Scotland) Act 2003s. 65(7)Mental Health (Scotland) Act 2015s. 1(3)s. 61(2)Part 19Entry, removal and detention powers<Emphasis>Entry to premises</Emphasis>Warrant to enter premises for purposes of taking patient2921If a sheriff or a justice of the peace is satisfied by an authorised person’s evidence on oath as to the matters mentioned in subsection (2) below, the sheriff or, as the case may be, justice of the peace may grant a warrant under this subsection.2Those matters are—athat for the purposes for which the authorised person is authorised it is necessary to enter premises; andbthat the authorised person—iis unable to obtain entry to those premises; oriireasonably apprehends that the authorised person will be unable to obtain entry to those premises.3A warrant under subsection (1) above is a warrant—aauthorising—ithe authorised person;iiany mental health officer appointed by the local authority for the area in which the premises are situated; andiiiaany constable of the Police Service of Scotland,to enter the premises specified in the warrant; andbauthorising any constable of the Police Service of Scotland, for the purpose of exercising the power mentioned in paragraph (a) above, to open lockfast places on premises so specified.4In the execution of a warrant granted under subsection (1) above, the persons authorised for the purpose of subsection (3)(a) above may be accompanied by—aa medical practitioner;bany other authorised person.5In this section, references to an authorised person are to a person who, in relation to a patient, is authorised by virtue of this Act—ato take the patient to any place; orbto take (or retake) into custody the patient where the patient is liable to be taken (or retaken).S. 292 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)S. 292(3)(a)(iiia) substituted for s. 292(3)(a)(iii) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 23(5)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)Words in s. 292(3)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 23(5)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
