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PART 9 continued CHAPTER 2 continued
An application under this section to the Tribunal by a patient’s responsible medical officer for an order extending and varying a compulsion order—
(a) shall state—
(i) the name and address of the patient;
(ii) the name and address of the patient’s named person;
(iii) the modification of the measures authorised by the compulsion order that is proposed by the responsible medical officer;
(iv) the reasons for seeking that modification; and
(v) whether the mental health officer agrees, or disagrees, that the application should be made, or has failed to comply with the duty imposed by section 155(2)(e)(i) of this Act; and
(b) shall be accompanied by such documents as may be prescribed by regulations.
(1) This section applies where a patient is subject to a relevant compulsion order.
(2) Without prejudice to the duties imposed on the patient’s responsible medical officer by sections 139(2), 140(2) and 145(2) of this Act, the responsible medical officer shall from time to time consider whether the compulsion order should be varied by modifying the measures specified in it.
(3) If it appears to the responsible medical officer that the compulsion order should be varied by modifying the measures specified in it, the responsible medical officer shall, as soon as practicable, comply with the requirements in subsection (4) below.
(4) Those requirements are—
(a) to assess the needs of the patient for medical treatment;
(b) to consider what modification, if any, of the measures specified in the compulsion order is appropriate; and
(c) to consult—
(i) the mental health officer; and
(ii) such other persons as the responsible medical officer considers appropriate.
(5) If, having regard to any views expressed by persons consulted under subsection (4)(c) above, the responsible medical officer is satisfied that the compulsion order should be varied by modifying the measures specified in it, the responsible medical officer shall make an application to the Tribunal under section 161 of this Act for an order under section 167 of this Act varying the compulsion order in that way.
Where, by virtue of section 159(5) of this Act, an application is to be made under section 161 of this Act, the patient’s responsible medical officer shall, as soon as practicable after the duty to make the application arises (and, in any event, before making the application), give notice that the application is to be made to the persons mentioned in section 157(a) to (f) of this Act.
An application under this section to the Tribunal by a patient’s responsible medical officer for an order varying a compulsion order—
(a) shall state the matters mentioned in section 158(a) of this Act; and
(b) shall be accompanied by such documents as may be prescribed by regulations.
(1) This section applies where a patient is subject to a relevant compulsion order.
(2) If it appears to the Commission that it is appropriate to do so, it may make a reference to the Tribunal in respect of the compulsion order to which the patient is subject.
(3) Where a reference is to be made under subsection (2) above, the Commission shall, as soon as practicable, give notice that a reference is to be made to—
(a) the patient’s responsible medical officer; and
(b) the persons mentioned in section 157(a) to (e) of this Act.
(4) A reference under subsection (2) above shall state—
(a) the name and address of the patient;
(b) the name and address of the patient’s named person; and
(c) the reason for making the reference.
(1) Subject to subsection (2) below, where a patient’s responsible medical officer makes a determination under section 152 of this Act—
(a) the patient; or
(b) the patient’s named person,
may make an application under this section to the Tribunal for an order under section 167 of this Act revoking the determination.
(2) Subsection (1) above does not apply where the Tribunal is required, by virtue of section 165 of this Act, to review the determination.
(1) This section applies where a patient is subject to a relevant compulsion order.
(2) Either of the persons mentioned in subsection (3) below may, subject to subsections (4) to (6) below, make an application under this section to the Tribunal for an order under section 167 of this Act—
(a) revoking the compulsion order; or
(b) varying that order by modifying the measures specified in it.
(3) The persons referred to in subsection (2) above are—
(a) the patient; and
(b) the patient’s named person.
(4) An application under this section may not be made—
(a) in respect of a compulsion order that has not been extended;
(b) during the period of 3 months beginning with the making of—
(i) an order in respect of the compulsion order made under section 166 of this Act; or
(ii) an order in respect of the compulsion order made, by virtue of section 149 or 158 of this Act, under section 167 of this Act.
(5) If—
(a) an application under this section for revocation of a compulsion order is refused; or
(b) an application is made under this section for variation of a compulsion order,
the person who made the application shall not be entitled to make more than one further application under this section in respect of the compulsion order during the period mentioned in subsection (7) below.
(6) If an application under section 163 of this Act for revocation of a determination under section 152 of this Act is refused, the person who made that application shall not be entitled to make more than one application under this section in respect of the compulsion order which is the subject of the determination during the period mentioned in subsection (7) below.
(7) The period referred to in subsections (5) and (6) above is—
(a) where the application is made during the period of 6 months beginning with the expiry of the initial period, that period of 6 months; or
(b) any subsequent period of 12 months that begins with, or with an anniversary of, the expiry of the period of 6 months mentioned in paragraph (a) above.
(8) In subsection (7)(a) above, “initial period” means the period of 6 months beginning with the day on which the compulsion order is made.
(1) This section applies where a patient’s responsible medical officer makes a determination under section 152 of this Act.
(2) If—
(a) the record submitted to the Tribunal under section 153 of this Act states—
(i) that there is a difference between the type (or types) of mental disorder that the patient has and the type (or types) of mental disorder recorded in the compulsion order in respect of which the determination is made; or
(ii) that the mental health officer disagrees with the determination or has failed to comply with the duty imposed by section 151(2)(d)(i) of this Act; or
(b) no decision has been made by the Tribunal under this section or section 167 of this Act in respect of the compulsion order to which the determination relates during the period of 2 years ending with the day on which the order, had it not been extended by the determination, would have ceased to authorise the measures specified in it,
the Tribunal shall review the determination.
(1) On the review of a determination under section 165 of this Act, the Tribunal may make an order under this section—
(a) revoking the determination;
(b) revoking both the determination and the compulsion order;
(c) confirming the determination; or
(d) confirming the determination and varying the compulsion order by modifying the measures specified in it.
(2) Before making a decision under subsection (1) above, the Tribunal shall allow the persons mentioned in subsection (3) below the opportunity—
(a) of making representations (whether orally or in writing); and
(b) of leading, or producing, evidence.
(3) Those persons are—
(a) the patient;
(b) the patient’s named person;
(c) any guardian of the patient;
(d) any welfare attorney of the patient;
(e) the mental health officer;
(f) the patient’s responsible medical officer;
(g) the patient’s primary carer;
(h) any curator ad litem appointed in respect of the patient by the Tribunal; and
(i) any other person appearing to the Tribunal to have an interest in the determination.
(1) Where an application is made under section 149 of this Act, the Tribunal may make an order—
(a) extending the compulsion order to which the application relates for the period mentioned in section 146(2) of this Act;
(b) refusing the application; or
(c) refusing the application and revoking the compulsion order.
(2) Where an application is made under section 158 of this Act, the Tribunal may make an order—
(a) extending the compulsion order to which the application relates for the period mentioned in section 154(4) of this Act and varying the compulsion order by modifying the measures specified in it;
(b) extending the compulsion order for that period;
(c) refusing the application; or
(d) refusing the application and revoking the compulsion order.
(3) Where an application is made under section 163 of this Act, the Tribunal may make an order—
(a) revoking the determination to which the application relates;
(b) revoking—
(i) the determination; and
(ii) the compulsion order to which the determination relates;
(c) confirming the determination; or
(d) confirming the determination and varying the compulsion order by modifying the measures specified in it.
(4) Where an application is made under section 164(2)(a) of this Act, the Tribunal may make an order—
(a) revoking the compulsion order to which the application relates;
(b) varying the compulsion order by modifying the measures specified in it; or
(c) refusing the application.
(5) Where an application is made under section 161 or 164(2)(b) of this Act, the Tribunal may make an order—
(a) varying the compulsion order to which the application relates by modifying the measures specified in it;
(b) refusing the application; or
(c) refusing the application and revoking that order.
(6) Before making a decision under any of subsections (1) to (5) above, the Tribunal shall afford the persons mentioned in subsection (7) below the opportunity—
(a) of making representations (whether orally or in writing); and
(b) of leading, or producing, evidence.
(7) Those persons are—
(a) the persons mentioned in section 166(3) of this Act; and
(b) any other person appearing to the Tribunal to have an interest in the application.
(1) This section applies where an application is made under section 149 of this Act.
(2) Subject to section 170 of this Act, on the application of any person having an interest in the proceedings, or ex proprio motu, the Tribunal may, if it considers—
(a) that it will be unable to determine the application before the compulsion order to which the application relates ceases to authorise the measures specified in it; and
(b) that it is appropriate, pending its determining the application, to—
(i) extend the order; or
(ii) extend and vary the order by modifying the measures specified in it,
make an interim order extending, or extending and varying, the compulsion order for such period not exceeding 28 days as may be specified in the order of the Tribunal.
(1) This section applies where—
(a) an application is made under section 149, 158, 161, 163 or 164 of this Act;
(b) a reference is made under section 162 of this Act; or
(c) the Tribunal is reviewing a determination under section 165 of this Act.
(2) Subject to section 170 of this Act, on the application of any person having an interest in the proceedings, or ex proprio motu, the Tribunal may, if it considers that it is appropriate to do so pending its—
(a) determining the application or reference; or
(b) making its decision on the review,
make an interim order varying the compulsion order by modifying the measures specified in it for such period not exceeding 28 days as may be specified in the order of the Tribunal.
The Tribunal may not make an interim order under section 168 or 169 of this Act if the effect of making the order would be that interim orders under either, or both, of those sections would be in force for a continuous period of more than 56 days.
(1) Where a reference is made under section 162 of this Act, the Tribunal may make an order—
(a) varying the compulsion order in respect of which the reference is made by modifying the measures specified in it; or
(b) revoking the compulsion order.
(2) Before making an order under subsection (1) above, the Tribunal shall allow the persons mentioned in subsection (3) below the opportunity—
(a) of making representations (whether orally or in writing); and
(b) of leading, or producing, evidence.
(3) Those persons are—
(a) the persons mentioned in section 166(3) of this Act; and
(b) any other person appearing to the Tribunal to have an interest in the reference.
Subject to subsection (2) below, where the Tribunal makes an order under section 166, 167 or 171 of this Act varying a compulsion order, the Tribunal—
(a) shall specify in its order the modifications made by its order to the measures specified in the compulsion order; and
(b) may specify in its order measures other than those set out in the application to which its order relates.
(1) This section applies where—
(a) an application is made to the Tribunal under section 149, 158, 161, 163 or 164 of this Act; or
(b) the Tribunal is, under section 165 of this Act, reviewing a determination.
(2) Regulations may prescribe circumstances in which the Tribunal may require—
(a) the patient’s responsible medical officer; or
(b) the mental health officer,
to prepare and submit to the Tribunal reports on such matters as may be prescribed.
(1) Subject to subsection (2) below, in calculating, for the purpose of this Chapter of this Act, the day on which a relevant compulsion order—
(a) ceases;
(b) will cease; or
(c) would have ceased,
to authorise the measures specified in it, there shall be left out of account any period for which the order is extended (or extended and varied) by an interim order under section 168 of this Act.
(2) Subsection (1) above does not apply as respects calculating that day for the purpose of that section.
In this Chapter any reference to modifying measures specified in a relevant compulsion order includes a reference to—
(a) amending those measures;
(b) removing from the order any measure;
(c) adding to the order any measure.
(1) Section 112 of this Act shall apply in relation to a patient subject to a relevant compulsion order as that section applies in relation to a patient subject to a compulsory treatment order; but subject to the modifications in subsection (2) below.
(2) Those modifications are—
(a) in subsection (1)(a) of that section, the reference to section 66(1)(c) of this Act shall be read as a reference to section 57A(8)(c) of the 1995 Act; and
(b) in subsection (4)(a) of that section, the reference to section 66(1)(b) of this Act shall be read as a reference to section 57A(8)(b) of the 1995 Act.
(1) Section 113 of this Act shall apply in relation to a patient subject to a relevant compulsion order as that section applies in relation to a patient subject to a compulsory treatment order.
(2) Section 114 of this Act shall apply in relation to a patient subject to a relevant compulsion order as that section applies in relation to a patient subject to a compulsory treatment order; but subject to the modifications that references in that section to section 93(2) and (5) of this Act shall be read as references to section 159(2) and (5) of this Act respectively.
(3) Sections 116, 117, 119, 120, 121 and 122 shall apply in relation to a certificate granted by virtue of subsection (2) above as those sections apply in relation to a certificate granted under section 114(2) of this Act; but subject to the modifications that—
(a) any references in those sections to section 93(2) of this Act shall be read as references to section 159(2) of this Act; and
(b) any references to section 66(1)(b) of this Act shall be read as references to section 57A(8)(b) of the 1995 Act.
Sections 124 to 126 of this Act shall apply in relation to a patient whose detention in hospital is authorised by a relevant compulsion order as those sections apply in relation to a patient whose detention in hospital is authorised by a compulsory treatment order.
(1) Section 127 of this Act shall apply in relation to a patient subject to a relevant compulsion order as that section applies in relation to a patient subject to a compulsory treatment order; but subject to the modification that references in that section to section 66(1)(a) of this Act shall be read as references to section 57A(8)(a) of the 1995 Act.
(2) Section 128 of this Act shall apply in relation to a patient subject to a relevant compulsion order as that section applies in relation to a patient subject to a compulsory treatment order; but subject to the modification that references in that section to section 66(1)(b) to (h) of this Act shall be read as references to section 57A(8)(b) to (h) of the 1995 Act.
(3) Section 129 of this Act shall apply in relation to a patient subject to a relevant compulsion order as that section applies in relation to a patient subject to a compulsory treatment order.
In this Part of this Act “relevant compulsion order” has the meaning given by section 137(1) of this Act.
Mental Health (Care and Treatment) (Scotland) Act 2003