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Alt: Mr Archibald MacSporran, advocate, instructed by Central Legal Office, NHS, Scotland
[4] Section 57(1) of the Act provides: "Where subsections (2) to (5) below apply in relation to a patient, a mental health officer shall apply to the Tribunal under section 63 of this Act for a compulsory treatment order in respect of that patient". For present purposes subsection (2) is the important one, and this provides: "This subsection applies where two medical practitioners carry out medical examinations of the patient in accordance with the requirements of section 58 of this Act". Section 58 provides, inter alia :
(1) The requirements referred to in section 57(2) of this Act are set out in subsections (2) to (6) below.
(2) Subject to subsection (4) below and to regulations under subsection (5) below-
(a) each medical examination of the patient shall be carried out by an approved medical practitioner; and
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