Standard view

Royal arms

Mental Health (Care and Treatment) (Scotland) Act 2003

2003 asp 13

CONTENTS

  1. Part 1

    Introductory

    1. 1. Principles for discharging certain functions

    2. 2. Welfare of the child

    3. 3. Equal opportunities

  2. Part 2

    The Mental Welfare Commission for Scotland

    1. Continued existence of Commission

      1. 4. The Mental Welfare Commission for Scotland

    2. General duties

      1. 5. Duty to monitor operation of Act and promote best practice

      2. 6. Reporting on operation of Act

    3. Particular functions

      1. 7. Duty to bring matters generally to attention of Scottish Ministers and others

      2. 8. Duty to bring specific matters to attention of Scottish Ministers and others etc.

      3. 9. Duty to give advice

      4. 10. Publishing information, guidance etc.

      5. 11. Investigations

      6. 12. Investigations: further provision

      7. 13. Visits in relation to patients

      8. 14. Interviews

      9. 15. Medical examination

      10. 16. Inspection etc. of records

      11. 17. Duties of Scottish Ministers, local authorities and others as respects Commission

      12. 18. Annual report

      13. 19. Statistical information

      14. 20. Protection from actions of defamation

  3. Part 3

    The Mental Health Tribunal for Scotland

    1. 21. The Mental Health Tribunal for Scotland

  4. Part 4

    Health Board and local authority functions

    1. Chapter 1

      Health Board duties

      1. Approved medical practitioners

        1. 22. Approved medical practitioners

      2. Services and accommodation: particular cases

        1. 23. Provision of services and accommodation for certain patients under 18

        2. 24. Provision of services and accommodation for certain mothers with post-natal depression

    2. Chapter 2

      Local authority functions

      1. Provision of services

        1. 25. Care and support services etc.

        2. 26. Services designed to promote well-being and social development

        3. 27. Assistance with travel

      2. Charging for services

        1. 28. Services under sections 25 to 27: charging

      3. Relationship with general duties

        1. 29. Relationship between duties under sections 25 to 27 and duties under Social Work (Scotland) Act 1968 and Children (Scotland) Act 1995

      4. Co-operation and assistance

        1. 30. Co-operation with Health Boards and others

        2. 31. Assistance from Health Boards and others

      5. Appointment of mental health officers

        1. 32. Appointment of mental health officers

      6. Duty to inquire into individual cases

        1. 33. Duty to inquire

        2. 34. Inquiries under section 33: co-operation

        3. 35. Inquiries under section 33: warrants

  5. Part 5

    Emergency detention

    1. Emergency detention certificate

      1. 36. Emergency detention in hospital

      2. 37. Notification by medical practitioner

    2. Duties on hospital managers

      1. 38. Duties on hospital managers: examination, notification etc.

    3. Revocation of certificate

      1. 39. Approved medical practitioner’s duty to revoke emergency detention certificate

      2. 40. Revocation of emergency detention certificate: notification

    4. Suspension of authority to detain

      1. 41. Suspension of authority to detain

      2. 42. Certificate under section 41: revocation

    5. Effect of emergency detention certificate on compulsory treatment order

      1. 43. Effect of subsequent emergency detention certificate on compulsory treatment order

  6. Part 6

    Short-term detention

    1. Short-term detention certificate

      1. 44. Short-term detention in hospital

      2. 45. Mental health officer’s duty to interview patient etc.

    2. Duties on hospital managers

      1. 46. Hospital managers' duties: notification

    3. Extension certificate

      1. 47. Extension of detention pending application for compulsory treatment order

      2. 48. Extension certificate: notification

    4. Revocation of certificates

      1. 49. Responsible medical officer’s duty to review continuing need for detention

      2. 50. Patient’s right to apply for revocation of short-term detention certificate or extension certificate etc.

      3. 51. Commission’s power to revoke short-term detention certificate or extension certificate

      4. 52. Revocation of short-term detention certificate or extension certificate: notification

    5. Suspension of detention

      1. 53. Suspension of measure authorising detention

      2. 54. Certificate under section 53: revocation

    6. Effect of short-term detention certificate on emergency detention certificate

      1. 55. Effect of subsequent short-term detention certificate on emergency detention certificate

    7. Effect of short-term detention certificate on compulsory treatment order

      1. 56. Effect of subsequent short-term detention certificate on compulsory treatment order

  7. Part 7

    Compulsory treatment orders

    1. Chapter 1

      Application for, and making of, orders

      1. Pre-application procedures

        1. 57. Mental health officer’s duty to apply for compulsory treatment order

        2. 58. Medical examination: requirements

        3. 59. Mental health officer’s duty to identify named person

        4. 60. Application for compulsory treatment order: notification

        5. 61. Mental health officer’s duty to prepare report

        6. 62. Mental health officer’s duty to prepare proposed care plan

      2. Application for order

        1. 63. Application for compulsory treatment order

      3. Making of order etc.

        1. 64. Powers of Tribunal on application under section 63: compulsory treatment order

        2. 65. Powers of Tribunal on application under section 63: interim compulsory treatment order

        3. 66. Measures that may be authorised

        4. 67. Order authorising detention: ancillary authorisation

      4. Extension of short-term detention: special case

        1. 68. Extension of short-term detention pending determination of application

      5. Time limit for Tribunal’s determination: special case

        1. 69. Time limit for determining application etc. where section 68 applies

      6. Effect of making of orders on short-term detention

        1. 70. Effect of subsequent order on short-term detention certificate

      7. Application of Chapter where patient subject to hospital direction or transfer for treatment direction

        1. 71. Application of Chapter where patient subject to hospital direction or transfer for treatment direction

    2. Chapter 2

      Interim compulsory treatment orders: review and revocation

      1. 72. Interim compulsory treatment order: responsible medical officer’s duty to keep under review

      2. 73. Commission’s power to revoke interim compulsory treatment order

      3. 74. Revocation under section 72 or 73: notification

      4. 75. Effect of subsequent compulsory treatment order on interim compulsory treatment order

    3. Chapter 3

      Compulsory treatment orders: care plan

      1. 76. Care plan: preparation, placing in medical records etc.

    4. Chapter 4

      Review of orders

      1. Mandatory reviews by responsible medical officer

        1. 77. First mandatory review

        2. 78. Further mandatory reviews

      2. Revocation of order by responsible medical officer or Commission

        1. 79. Responsible medical officer’s duty to revoke order: mandatory reviews

        2. 80. Revocation of order: responsible medical officer’s duty to keep under review

        3. 81. Commission’s power to revoke order

        4. 82. Revocation of order: notification

      3. Further steps to be taken where order not revoked

        1. 83. Mandatory reviews: further steps to be taken where order not revoked

      4. Extension of order by responsible medical officer

        1. 84. Responsible medical officer’s duty where extension of order appears appropriate

        2. 85. Mental health officer’s duties: extension of order

        3. 86. Responsible medical officer’s duty to extend order

        4. 87. Determination extending order: notification etc.

      5. Extension and variation of order: application by responsible medical officer

        1. 88. Responsible medical officer’s duty where extension and variation of order appear appropriate

        2. 89. Mental health officer’s duties: extension and variation of order

        3. 90. Responsible medical officer’s duty to apply for extension and variation of order

        4. 91. Application for extension and variation of order: notification

        5. 92. Application to Tribunal

      6. Variation of order: application by responsible medical officer

        1. 93. Responsible medical officer’s duties: variation of order

        2. 94. Application by responsible medical officer for variation of order: notification

        3. 95. Application to Tribunal by responsible medical officer

      7. Recorded matters: reference to Tribunal by responsible medical officer

        1. 96. Recorded matters: reference to Tribunal by responsible medical officer

        2. 97. Reference to Tribunal under section 96(3): notification

      8. Reference to Tribunal by Commission

        1. 98. Reference to Tribunal by Commission

      9. Applications by patient etc.

        1. 99. Application by patient etc. for revocation of determination extending order

        2. 100. Application by patient etc. for revocation or variation of order

      10. Review by Tribunal of determination extending order

        1. 101. Tribunal’s duty to review determination under section 86

      11. Powers of Tribunal

        1. 102. Powers of Tribunal on review under section 101

        2. 103. Powers of Tribunal on application under section 92, 95, 99 or 100

        3. 104. Powers of Tribunal on reference under section 96 or 98

        4. 105. Interim extension etc. of order: application under section 92

        5. 106. Interim variation of order: application, reference or review under Chapter

        6. 107. Limit on Tribunal’s power to make interim orders

        7. 108. Tribunal’s order varying compulsory treatment order

        8. 109. Ancillary powers of Tribunal

      12. Effect of interim orders on calculation of time periods in Chapter

        1. 110. Effect of interim orders on calculation of time periods in Chapter

      13. Meaning of “modify”

        1. 111. Meaning of “modify”

    5. Chapter 5

      Breach of orders

      1. Failure to attend for medical treatment

        1. 112. Failure to attend for medical treatment

      2. Non-compliance generally with order

        1. 113. Non-compliance generally with order

        2. 114. Compulsory treatment order: detention pending review or application for variation

        3. 115. Interim compulsory treatment order: detention pending further procedure

        4. 116. Certificate under section 114(2) or 115(2): notification

      3. Revocation of certificates

        1. 117. Certificate under section 114(2): responsible medical officer’s duty to revoke

        2. 118. Certificate under section 115(2): responsible medical officer’s duty to revoke

        3. 119. Revocation of certificate granted under section 114(2) or 115(2): notification

        4. 120. Certificates under sections 114(2) and 115(2): patient’s right to apply to Tribunal

      4. Effect of section 113(5) on order

        1. 121. Effect of section 113(5) on order

      5. Effect of certificate under section 114(2) on order

        1. 122. Effect of certificate under section 114(2) on order

      6. Effect of certificate under section 115(2) on order

        1. 123. Effect of certificate under section 115(2) on order

    6. Chapter 6

      Transfers

      1. 124. Transfer to other hospital

      2. 125. Transfer to hospital other than state hospital: appeal to Tribunal

      3. 126. Transfer to state hospital: appeal to Tribunal

    7. Chapter 7

      Suspension

      1. 127. Suspension of measure authorising detention

      2. 128. Suspension of other measures

      3. 129. Certificates under sections 127 and 128: revocation

  8. Part 8

    Mentally disordered persons: criminal proceedings

    1. Chapter 1

      Pre-sentence orders

      1. Assessment orders and treatment orders

        1. 130. Mentally disordered persons subject to criminal proceedings: assessment and treatment

      2. Interim compulsion orders

        1. 131. Mentally disordered offenders: interim compulsion orders

      3. Remand for inquiry into mental condition

        1. 132. Remand for inquiry into mental condition: time-limit for appeals

    2. Chapter 2

      Disposals on conviction and acquittal

      1. Compulsion orders

        1. 133. Mentally disordered offenders: compulsion orders

      2. Urgent detention of acquitted persons

        1. 134. Power of court to detain acquitted persons

      3. Probation with a requirement of treatment

        1. 135. Amendment of 1995 Act: probation for treatment of mental disorder

    3. Chapter 3

      Mentally disordered prisoners

      1. 136. Transfer of prisoners for treatment for mental disorder

  9. Part 9

    Compulsion orders

    1. Chapter 1

      Duties following making of order

      1. 137. Part 9 care plan

      2. 138. Mental health officer’s duty to identify named person

    2. Chapter 2

      Review of compulsion orders

      1. Mandatory reviews by responsible medical officer

        1. 139. First review of compulsion order

        2. 140. Further reviews of compulsion order

      2. Revocation of order by responsible medical officer or Commission

        1. 141. Responsible medical officer’s duty to revoke compulsion order: mandatory reviews

        2. 142. Revocation of compulsion order: responsible medical officer’s duty to keep under review

        3. 143. Commission’s power to revoke compulsion order

        4. 144. Revocation of compulsion order: notification

      3. Further steps to be taken where order not revoked

        1. 145. Mandatory reviews: further steps to be taken where compulsion order not revoked

      4. Extension of order following first review

        1. 146. First review: responsible medical officer’s duty where extension proposed

        2. 147. Proposed extension on first review: mental health officer’s duties

        3. 148. First review: responsible medical officer’s duty to apply for extension of compulsion order

        4. 149. Application to Tribunal for extension of order following first review

      5. Extension of order following further review

        1. 150. Further review: responsible medical officer’s duty where extension proposed

        2. 151. Proposed extension of order on further review: mental health officer’s duties

        3. 152. Further review: responsible medical officer’s duty to extend compulsion order

        4. 153. Determination extending compulsion order: notification

      6. Extension and variation of order

        1. 154. Responsible medical officer’s duty where extension and variation proposed

        2. 155. Mental health officer’s duties: extension and variation of compulsion order

        3. 156. Responsible medical officer’s duty to apply for extension and variation of compulsion order

        4. 157. Application for extension and variation of compulsion order: notification

        5. 158. Application to Tribunal for extension and variation of compulsion order

      7. Variation of order

        1. 159. Responsible medical officer’s duties: variation of compulsion order

        2. 160. Application for variation of compulsion order: notification

        3. 161. Application to Tribunal by responsible medical officer

      8. Reference to Tribunal by Commission

        1. 162. Commission’s power to make reference to Tribunal

      9. Applications to Tribunal by patient etc.

        1. 163. Application to Tribunal by patient etc. for revocation of determination extending compulsion order

        2. 164. Application to Tribunal by patient etc. for revocation or variation of compulsion order

      10. Review by Tribunal of determination extending order

        1. 165. Tribunal’s duty to review determination under section 152

      11. Powers of Tribunal

        1. 166. Powers of Tribunal on review under section 165

        2. 167. Powers of Tribunal on application under section 149, 158, 161, 163 or 164

        3. 168. Interim extension etc. of order: application under section 149

        4. 169. Interim variation of order following application, reference or review under Chapter

        5. 170. Limit on power of Tribunal to make interim order

        6. 171. Powers of Tribunal on reference under section 162

        7. 172. Tribunal’s order varying compulsion order

        8. 173. Applications to Tribunal: ancillary powers

      12. Effect of interim orders: calculation of time periods in Chapter

        1. 174. Effect of interim orders: calculation of time periods in Chapter

      13. Meaning of “modify”

        1. 175. Meaning of “modify”

    3. Chapter 3

      Application of Chapters 5 to 7 of Part 7

      1. Breach of order

        1. 176. Medical treatment: failure to attend

        2. 177. Non-compliance generally with compulsion order

      2. Transfers

        1. 178. Transfers

      3. Suspension of measures

        1. 179. Suspension of measures

    4. Chapter 4

      Interpretation of Part

      1. 180. Interpretation of Part

  10. Part 10

    Compulsion orders and restriction orders

    1. Chapter 1

      Preliminary

      1. 181. Mental health officer’s duty to identify named person

    2. Chapter 2

      Review of orders

      1. Annual review of orders

        1. 182. Review of compulsion order and restriction order

      2. Consequences of annual review

        1. 183. Responsible medical officer’s report and recommendation following review of compulsion order and restriction order

      3. Responsible medical officer’s duty to keep orders under review

        1. 184. Responsible medical officer’s duty to keep compulsion order and restriction order under review

      4. Reference to Tribunal by Scottish Ministers

        1. 185. Duty of Scottish Ministers on receiving report from responsible medical officer

        2. 186. Commission’s power to require Scottish Ministers to make reference to Tribunal

        3. 187. Notice under section 186(2): reference to Tribunal

      5. Scottish Ministers' duty to keep orders under review

        1. 188. Duty of Scottish Ministers to keep compulsion order and restriction order under review

        2. 189. Reference to Tribunal by Scottish Ministers

        3. 190. Application by Scottish Ministers: notification

        4. 191. Application to Tribunal

      6. Application by patient etc.

        1. 192. Application to Tribunal by patient and named person

      7. Proceedings before Tribunal

        1. 193. Powers of Tribunal on reference under section 185(1), 187(2) or 189(2) or application under section 191 or 192(2)

        2. 194. Tribunal’s powers etc. when varying compulsion order

        3. 195. Deferral of conditional discharge

      8. Effect of modification or revocation of orders

        1. 196. General effect of orders under section 193

        2. 197. Effect of revocation of compulsion order

        3. 198. Effect of revocation of restriction order

      9. Meaning of “modify”

        1. 199. Meaning of “modify”

    3. Chapter 3

      Conditional discharge

      1. 200. Variation of conditions imposed on conditional discharge

      2. 201. Appeal to Tribunal against variation of conditions imposed on conditional discharge

      3. 202. Recall of patients from conditional discharge

      4. 203. Effect of recall from conditional discharge

      5. 204. Appeal to Tribunal against recall from conditional discharge

  11. Part 11

    Hospital directions and transfer for treatment directions

    1. Preliminary

      1. 205. Mental health officer’s duty to identify named person

    2. Review of directions

      1. 206. Review of hospital direction and transfer for treatment direction

    3. Consequences of review

      1. 207. Responsible medical officer’s report following review of direction

    4. Responsible medical officer’s duty to keep directions under review

      1. 208. Responsible medical officer’s duty to keep directions under review

    5. Reference to Tribunal by Scottish Ministers

      1. 209. Commission’s power to require Scottish Ministers to make reference to Tribunal

      2. 210. Duty of Scottish Ministers on receiving report from responsible medical officer

      3. 211. Notice under section 209(2): reference to Tribunal

    6. Scottish Ministers' duty to keep directions under review

      1. 212. Duty of Scottish Ministers to keep directions under review

      2. 213. Reference to Tribunal by Scottish Ministers

    7. Application by patient etc.

      1. 214. Application to Tribunal by patient and named person

    8. Proceedings before Tribunal

      1. 215. Powers of Tribunal on reference under section 210(3), 211(2) or 213(2) or on application under section 214(2)

    9. Effect of revocation of direction

      1. 216. Effect of revocation of direction

    10. Termination of direction on release of patient

      1. 217. Termination of hospital direction on release of patient

  12. Part 12

    Parts 10 and 11: transfers

    1. 218. Transfer of patients between hospitals

    2. 219. Appeal to Tribunal against transfer under section 218 to hospital other than state hospital

    3. 220. Appeal to Tribunal against transfer under section 218 to state hospital

  13. Part 13

    Parts 8, 10 and 11: suspension

    1. Assessment orders

      1. 221. Assessment order: suspension of measure authorising detention

      2. 222. Certificate under section 221: revocation by responsible medical officer

      3. 223. Certificate under section 221: revocation by Scottish Ministers

    2. Certain other orders and directions

      1. 224. Patients subject to certain other orders and directions: suspension of measure authorising detention

      2. 225. Certificate under section 224: revocation by responsible medical officer

      3. 226. Certificate under section 224: revocation by Scottish Ministers

  14. Part 14

    Assessment of needs

    1. 227. Assessment of needs for community care services etc.

    2. 228. Request for assessment of needs: duty on local authorities and Health Boards

  15. Part 15

    Preliminary duties on making of orders etc.

    1. Designation of mental health officer

      1. 229. Designation of mental health officer responsible for patient’s case

    2. Patient’s responsible medical officer

      1. 230. Appointment of patient’s responsible medical officer

    3. Social circumstances reports

      1. 231. Social circumstances report: mental health officer’s duties

    4. Meaning of “relevant event”

      1. 232. Meaning of “relevant event”

  16. Part 16

    Medical treatment

    1. Designated medical practitioners

      1. 233. Designated medical practitioners

    2. Safeguards for certain surgical operations etc.

      1. 234. Certain surgical operations etc.

      2. 235. Treatment mentioned in section 234(2): patients capable of consenting

      3. 236. Treatment mentioned in section 234(2): patients incapable of consenting

    3. Safeguards for other medical treatment

      1. 237. Electro-convulsive therapy etc.

      2. 238. Treatment mentioned in sections 237(3) and 240(3): patients capable of consenting and not refusing consent

      3. 239. Treatment mentioned in section 237(3): patients incapable of consenting

      4. 240. Treatments given over period of time etc.

      5. 241. Treatment mentioned in section 240(3): patients refusing consent or incapable of consenting

      6. 242. Treatment not mentioned in section 234(2), 237(3) or 240(3)

    4. Urgent medical treatment where patient detained in hospital

      1. 243. Urgent medical treatment

    5. Additional safeguards for certain informal patients

      1. 244. Scottish Ministers' power to make provision in relation to treatment for certain informal patients

    6. Supplementary

      1. 245. Certificates under sections 235, 236, 239 and 241

      2. 246. Certificates under section 238

      3. 247. Scope of consent or certificate under sections 235, 236, 238, 239 and 241

      4. 248. Sections 235, 236, 238, 239 and 241: review of treatment etc.

    7. Interpretation of Part

      1. 249. Interpretation of Part

  17. Part 17

    Patient representation etc.

    1. Chapter 1

      Named person

      1. Meaning of “named person”

        1. 250. Nomination of named person

        2. 251. Named person where no person nominated or nominated person declines to act

        3. 252. Named person in relation to child

        4. 253. Declaration in relation to named person

        5. 254. Meaning of “nearest relative”

      2. Mental health officer’s duties etc.

        1. 255. Named person: mental health officer’s duties etc.

      3. Applications to Tribunal by patient etc.

        1. 256. Named person: application by patient etc.

      4. Tribunal’s powers

        1. 257. Named person: Tribunal’s powers

      5. Interpretation of Chapter

        1. 258. Interpretation of Chapter

    2. Chapter 2

      Advocacy etc.

      1. Advocacy

        1. 259. Advocacy

      2. Information

        1. 260. Provision of information to patient

        2. 261. Provision of assistance to patient with communication difficulties

      3. Access to medical practitioner

        1. 262. Access to medical practitioner for purposes of medical examination

        2. 263. Inspection of records by medical practitioner

    3. Chapter 3

      Detention in conditions of excessive security

      1. State hospitals

        1. 264. Detention in conditions of excessive security: state hospitals

        2. 265. Order under section 264: further provision

        3. 266. Order under section 265: further provision

        4. 267. Orders under sections 264 to 266: recall

      2. Other hospitals

        1. 268. Detention in conditions of excessive security: hospitals other than state hospitals

        2. 269. Order under section 268: further provision

        3. 270. Order under section 269: further provision

        4. 271. Orders under sections 268 to 270: recall

      3. Enforcement: civil proceedings

        1. 272. Proceedings for specific performance of statutory duty

      4. Interpretation of Chapter

        1. 273. Interpretation of Chapter

  18. Part 18

    Miscellaneous

    1. Code of practice

      1. 274. Code of practice

    2. Advance statements

      1. 275. Advance statements: making and withdrawal

      2. 276. Advance statements: effect

    3. Education

      1. 277. Education of persons who have mental disorder

    4. Parental relations

      1. 278. Duty to mitigate adverse effect of compulsory measures on parental relations

    5. Research

      1. 279. Information for research

    6. State hospitals

      1. 280. Restriction of Scottish Ministers' power to delegate management of state hospitals

    7. Communications, security etc.

      1. 281. Correspondence of certain persons detained in hospital

      2. 282. Correspondence: supplementary

      3. 283. Review of decision to withhold postal packet

      4. 284. Certain persons detained in hospital: use of telephones

      5. 285. Directions as to implementation of regulations under section 284(1)

      6. 286. Safety and security in hospitals

    8. Information

      1. 287. Scottish Ministers' power to require responsible medical officer to provide certain information

    9. Payments for expenses

      1. 288. Payments to persons in hospital to meet personal expenses

    10. Cross-border transfer of patients

      1. 289. Cross-border transfer: patients subject to requirement other than detention

      2. 290. Cross-border transfer: patients subject to detention requirement or otherwise in hospital

    11. Informal patients

      1. 291. Application to Tribunal in relation to unlawful detention

  19. Part 19

    Entry, removal and detention powers

    1. Entry to premises

      1. 292. Warrant to enter premises for purposes of taking patient

    2. Removal to place of safety

      1. 293. Removal order

      2. 294. Removal order: urgent application to justice of the peace

      3. 295. Recall or variation of removal order

      4. 296. No appeal against decision under section 293 or 295

      5. 297. Removal from public place

      6. 298. Removal under section 297: further provision

    3. Detention pending medical examination

      1. 299. Nurse’s power to detain pending medical examination

    4. Meaning of “place of safety”

      1. 300. Meaning of “place of safety”

  20. Part 20

    Absconding

    1. Absconding

      1. 301. Absconding etc. by patients subject to compulsory treatment order

      2. 302. Absconding etc. by other patients

      3. 303. Taking into custody and return of absconding patients

    2. Effect of unauthorised absence

      1. 304. Effect of unauthorised absence

      2. 305. Effect of long unauthorised absence ending more than 14 days before expiry of compulsory treatment order

      3. 306. Effect of unauthorised absence ending simultaneously with or within 14 days before expiry of compulsory treatment order

      4. 307. Effect of unauthorised absence ending after expiry of compulsory treatment order

      5. 308. Effect of unauthorised absence of patient subject to short-term detention certificate or certificate under section 114(2) or 115(2)

    3. Patients from other jurisdictions

      1. 309. Patients from other jurisdictions

    4. Absconding by certain other patients

      1. 310. Regulations as to absconding by other patients

  21. Part 21

    Offences

    1. 311. Non-consensual sexual acts

    2. 312. Offences under section 311: extended sentences

    3. 313. Persons providing care services: sexual offences

    4. 314. Notification requirements for offenders under sections 311 and 313

    5. 315. Ill-treatment and wilful neglect of mentally disordered person

    6. 316. Inducing and assisting absconding etc.

    7. 317. Obstruction

    8. 318. False statements

    9. 319. Time limit for summary proceedings for offences under sections 311 and 313

  22. Part 22

    Appeals

    1. 320. Appeal to sheriff principal against certain decisions of the Tribunal

    2. 321. Appeal to Court of Session against decisions of sheriff principal

    3. 322. Appeal to Court of Session against certain decisions of the Tribunal

    4. 323. Suspension of decision of Tribunal pending determination of certain appeals

    5. 324. Appeals: general provisions

  23. Part 23

    General

    1. 325. Power to prescribe forms

    2. 326. Orders, regulations and rules

    3. 327. Directions

    4. 328. Meaning of “mental disorder”

    5. 329. Interpretation

    6. 330. Supplementary provisions etc.

    7. 331. Minor and consequential amendments, repeals and revocations

    8. 332. Transitional provisions etc.

    9. 333. Short title and commencement

    1. Schedule 1

      The Mental Welfare Commission for Scotland

      1. Part 1

        Membership, proceedings etc.

      2. Part 2

        Transitional provision

    2. Schedule 2

      The Mental Health Tribunal for Scotland

      1. Part 1

        Members of the Tribunal etc.

      2. Part 2

        Organisation and administration of the Tribunal

      3. Part 3

        Tribunal procedure

      4. Part 4

        Reports, information etc.

    3. Schedule 3

      Application of Chapter 1 of Part 7 to certain patients

    4. Schedule 4

      Minor and consequential amendments

    5. Schedule 5

      Repeals and revocations

      1. Part 1

        Repeals

      2. Part 2

        Revocations

    6. Schedule 6

      Transitory amendments of the Mental Health (Scotland) Act 1984

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 20th March 2003 and received Royal Assent on 25th April 2003

An Act of the Scottish Parliament to restate and amend the law relating to mentally disordered persons; and for connected purposes.

Part 1 Introductory

1 Principles for discharging certain functions

(1) Subsections (2) to (4) below apply whenever a person who does not fall within subsection (7) below is discharging a function by virtue of this Act in relation to a patient who has attained the age of 18 years.

(2) In discharging the function the person shall, subject to subsection (9) below, have regard to the matters mentioned in subsection (3) below in so far as they are relevant to the function being discharged.

(3) The matters referred to in subsection (2) above are—

(a) the present and past wishes and feelings of the patient which are relevant to the discharge of the function;

(b) the views of—

(i) the patient’s named person;

(ii) any carer of the patient;

(iii) any guardian of the patient; and

(iv) any welfare attorney of the patient,

which are relevant to the discharge of the function;

(c) the importance of the patient participating as fully as possible in the discharge of the function;

(d) the importance of providing such information and support to the patient as is necessary to enable the patient to participate in accordance with paragraph (c) above;

(e) the range of options available in the patient’s case;

(f) the importance of providing the maximum benefit to the patient;

(g) the need to ensure that, unless it can be shown that it is justified in the circumstances, the patient is not treated in a way that is less favourable than the way in which a person who is not a patient might be treated in a comparable situation;

(h) the patient’s abilities, background and characteristics, including, without prejudice to that generality, the patient’s age, sex, sexual orientation, religious persuasion, racial origin, cultural and linguistic background and membership of any ethnic group.

(4) After having regard to—

(a) the matters mentioned in subsection (3) above;

(b) if subsections (5) and (6) below apply, the matters mentioned there; and

(c) such other matters as are relevant in the circumstances,

the person shall discharge the function in the manner that appears to the person to be the manner that involves the minimum restriction on the freedom of the patient that is necessary in the circumstances.

(5) Whenever a person who does not fall within subsection (7) below is discharging a function by virtue of this Act (other than the making of a decision about medical treatment) in relation to a patient, the person shall have regard, in so far as it is reasonable and practicable to do so, to—

(a) the needs and circumstances of any carer of the patient which are relevant to the discharge of the function and of which the person is aware; and

(b) the importance of providing such information to any carer of the patient as might assist the carer to care for the patient.

(6) Whenever a person who does not fall within subsection (7) below is discharging a function by virtue of this Act in relation to a person who is, or has been, subject to—

(a) detention in hospital authorised by a certificate granted under section 36(1) of this Act (any such certificate being referred to in this Act as an “emergency detention certificate”);

(b) detention in hospital authorised by a certificate granted under section 44(1) of this Act (any such certificate being referred to in this Act as a “short-term detention certificate”);

(c) an order made under section 64(4)(a) of this Act (any such order being referred to in this Act as a “compulsory treatment order”); or

(d) an order made under section 57A(2) of the 1995 Act (any such order being referred to in this Act as a “compulsion order”),

the person who is discharging the function shall have regard to the importance of the provision of appropriate services to the person who is, or has been, subject to the certificate or order concerned (including, without prejudice to that generality, the provision of continuing care when the person is no longer subject to the certificate or order).

(7) A person falls within this subsection if the person is discharging the function by virtue of being—

(a) the patient;

(b) the patient’s named person;

(c) the patient’s primary carer;

(d) a person providing independent advocacy services to the patient under section 259 of this Act;

(e) the patient’s legal representative;

(f) a curator ad litem appointed by the Tribunal in respect of the patient;

(g) a guardian of the patient; or

(h) a welfare attorney of the patient.

(8) In subsection (3)(a) above, the reference to wishes and feelings of the patient is a reference to those wishes and feelings in so far as they can be ascertained by any means of communication, whether human or by mechanical aid (whether of an interpretative nature or otherwise), appropriate to the patient.

(9) The person need not have regard to the views of a person mentioned in subsection (3)(b) above in so far as it is unreasonable or impracticable to do so.

(10) In subsection (3)(d) above, the reference to information is to information in the form that is mostly likely to be understood by the patient.

(11) In this section, a reference to “discharging”, in relation to a power, includes a reference to exercising the power by taking no action; and “discharge” shall be construed accordingly.

2 Welfare of the child

(1) This section applies whenever a person who does not fall within section 1(7) of this Act is discharging a function, by virtue of this Act, to which subsection (2) or (3) below applies in relation to a patient who is under the age of 18 years.

(2) This subsection applies to any duty which may be discharged in more than one manner.

(3) This subsection applies to any power.

(4) The person shall discharge the function in the manner that appears to the person to be the manner that best secures the welfare of the patient.

(5) In determining the manner of discharging the function that best secures the welfare of the patient, the person shall have regard to—

(a) the matters mentioned in section 1(3) of this Act;

(b) the matters mentioned in section 1(5) and (6) of this Act (where those subsections apply); and

(c) the importance of the function being discharged in the manner that appears to the person to be the manner that involves the minimum restriction on the freedom of the patient that is necessary in the circumstances.

(6) Subsections (8) to (10) of section 1 of this Act shall apply for the purpose of subsection (5)(a) above as they apply in relation to subsection (3) of that section.

(7) In this section, a reference to “discharging”, in relation to a power, includes a reference to exercising the power by taking no action; and “discharge” shall be construed accordingly.

3 Equal opportunities

(1) Subsection (2) below applies whenever a person mentioned in subsection (3) below is discharging a function by virtue of this Act.

(2) The person shall discharge the function in a manner that encourages equal opportunities and in particular the observance of the equal opportunity requirements.

(3) The persons referred to in subsection (1) above are—

(a) the Scottish Ministers;

(b) the Commission;

(c) a local authority;

(d) a Health Board;

(e) a Special Health Board;

(f) a National Health Service trust;

(g) the managers of a hospital;

(h) a mental health officer;

(i) a patient’s responsible medical officer;

(j) a medical practitioner; and

(k) a nurse.

(4) In this section “equal opportunities” and “equal opportunity requirements” have the same meanings as in Section L2 of Part II of Schedule 5 to the Scotland Act 1998 (c. 46).

Part 2 The Mental Welfare Commission for Scotland

Continued existence of Commission

4 The Mental Welfare Commission for Scotland

(1) There shall continue to be a body corporate known as the Mental Welfare Commission for Scotland (in this Act referred to as “the Commission”).

(2) The Commission shall discharge such functions as are conferred on it by virtue of—

(a) this Act;

(b) the Adults with Incapacity (Scotland) Act 2000 (asp 4); and

(c) any other enactment.

(3) Schedule 1 to this Act (which makes provision as respects the Commission) shall have effect.

General duties

5 Duty to monitor operation of Act and promote best practice

The Commission shall—

(a) monitor the operation of this Act; and

(b) promote best practice in relation to the operation of this Act (including, without prejudice to that generality, the observance of Part 1 of this Act).

6 Reporting on operation of Act

The Commission shall bring to the attention of the Scottish Ministers such matters concerning the operation of this Act as the Commission considers ought to be brought to their attention.

Particular functions

7 Duty to bring matters generally to attention of Scottish Ministers and others

The Commission shall bring to the attention of—

(a) the Scottish Ministers;

(b) a local authority;

(c) a Health Board;

(d) a Special Health Board;

(e) a National Health Service trust;

(f) the Scottish Commission for the Regulation of Care; or

(g) such other person, or group of persons, as it considers appropriate,

any matter of general interest or concern as respects the welfare of any persons who have a mental disorder which is a matter that the Commission considers ought to be brought to their attention.

8 Duty to bring specific matters to attention of Scottish Ministers and others etc.

(1) If it appears to the Commission that a relevant person has, or may have, powers or duties, the exercise or performance of which might prevent or remedy or assist in preventing or remedying, as respects a person who has a mental disorder, any of the circumstances mentioned in subsection (2) below, the Commission shall—

(a) bring the facts of the person’s case to the attention of the relevant person; and

(b) if it considers it appropriate to do so, make recommendations as respects the case to the relevant person.

(2) Those circumstances are—

(a) the circumstances mentioned in section 11(2)(a), (d), (e) or (f) of this Act;

(b) that—

(i) the patient is detained in hospital and the detention is authorised by virtue of this Act or the 1995 Act; and

(ii) there may be some impropriety in relation to that detention.

(3) For the purposes of subsection (1) above, “relevant person” means—

(a) the Scottish Ministers;

(b) the Public Guardian;

(c) a local authority;

(d) a Health Board;

(e) a Special Health Board;

(f) a National Health Service trust;

(g) a mental health officer;

(h) a responsible medical officer;

(i) the managers of a registered care service;

(j) the managers of—

(i) a prison; or

(ii) a young offenders institution;

(k) the Scottish Commission for the Regulation of Care;

(l) a police force; or

(m) such other person, or group of persons, as the Commission considers appropriate.

(4) In subsection (3)(i) above, “registered care service” means a care service registered under Part 1 of the Regulation of Care (Scotland) Act 2001 (asp 8).

9 Duty to give advice

(1) The Commission shall give advice to any person mentioned in subsection (2) below on any matter arising out of this Act which has been referred to the Commission, with its agreement, by that person.

(2) Those persons are—

(a) the Scottish Ministers;

(b) a local authority;

(c) a Health Board;

(d) a Special Health Board;

(e) the Scottish Commission for the Regulation of Care; or

(f) the Scottish Public Services Ombudsman.

10 Publishing information, guidance etc.

(1) Subject to subsection (2) below, the Commission may publish information or guidance about any matter relevant to its functions and, without prejudice to that generality, may publish information or guidance as respects—

(a) its conclusions in relation to—

(i) an investigation under section 11(1) of this Act; or

(ii) an inquiry under section 12(1) of this Act;

(b) its conclusions in relation to any action taken (or not taken) in relation to such conclusions; or

(c) matters which it considers arise or come to light (or have arisen or come to light) in the course of—

(i) such investigations or inquiries; or

(ii) visits under section 13(1) or (3) of this Act.

(2) The Commission may, with the agreement of a person mentioned in subsection (2) of section 9 of this Act, publish advice which it gives under subsection (1) of that section to that person.

11 Investigations

(1) If it appears to the Commission that any of the circumstances mentioned in subsection (2) below apply in respect of a patient, the Commission may—

(a) carry out such investigation as it considers appropriate into the patient’s case; and

(b) make such recommendations as it considers appropriate as respects the case.

(2) Those circumstances are—

(a) that the patient may be unlawfully detained in hospital;

(b) that the patient is detained in hospital and the detention is authorised by virtue of—

(i) this Act; or

(ii) the 1995 Act;

(c) that the patient, though not detained in hospital, is subject to—

(i) a compulsory treatment order;

(ii) an interim compulsory treatment order;

(iii) an emergency detention certificate;

(iv) a short-term detention certificate;

(v) a compulsion order;

(vi) an interim compulsion order;

(vii) an assessment order;

(viii) a treatment order;

(ix) a hospital direction; or

(x) a transfer for treatment direction;

(d) that the patient may be, or may have been, subject, or exposed, to—

(i) ill-treatment;

(ii) neglect; or

(iii) some other deficiency in care or treatment;

(e) that, because of the mental disorder, the patient’s property—

(i) may be suffering, or may have suffered, loss or damage; or

(ii) may be, or may have been, at risk of suffering loss or damage;

(f) that the patient may be—

(i) living alone or without care; and

(ii) unable to look after himself or his property or financial affairs.

12 Investigations: further provision

(1) The Commission may, if it considers it appropriate to do so, cause an inquiry to be held for the purpose of carrying out an investigation, under section 11(1) of this Act, into any case.

(2) The Commission—

(a) may appoint such person (or persons) as it considers appropriate to chair or to conduct any such inquiry and to report to it on the findings of any such inquiry; and

(b) may pay to a person appointed by it under paragraph (a) above such—

(i) remuneration; and

(ii) expenses,

as it may, with the consent of the Scottish Ministers, determine.

(3) A person appointed to chair any such inquiry—

(a) may, by notice, require any person to attend and give evidence at a time and place set out in the notice; and

(b) may administer oaths and examine witnesses on oath and may accept, in place of evidence on oath by a person, evidence on affirmation or a statement in writing by the person.

(4) A person required, by virtue of notice under subsection (3)(a) above, to attend and give evidence for the purposes of an inquiry under subsection (1) above—

(a) shall not be obliged to attend and give evidence as required in the notice unless the necessary expenses of attendance are paid or tendered to the person; and

(b) shall not be obliged at the inquiry to answer a question which the person would be entitled to decline to answer, on the ground of privilege or confidentiality, if the question were asked in the course of proceedings in a court.

(5) Proceedings in an inquiry under this section shall have the privilege of proceedings in a court.

(6) The Commission shall pay to a person required by notice under subsection (3)(a) above to attend for the purposes of an inquiry under subsection (1) above such expenses as it considers appropriate.

(7) A person—

(a) who is required to attend for the purposes of an inquiry by virtue of notice under subsection (3)(a) above; and

(b) who refuses or wilfully neglects to attend or, subject to subsection (4)(b) above, to give evidence,

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

13 Visits in relation to patients

(1) The Commission shall secure that a person authorised by it visits, as often as the Commission considers it appropriate to do so, such patients who fall within the categories mentioned in subsection (2) below as it considers appropriate.

(2) Those categories are—

(a) patients who are detained in hospital and whose detention is authorised by virtue of—

(i) this Act; or

(ii) the 1995 Act;

(b) patients who, though not detained in hospital, are subject to—

(i) a compulsory treatment order;

(ii) an interim compulsory treatment order;

(iii) an emergency detention certificate;

(iv) a short-term detention certificate;

(v) a compulsion order;

(vi) an interim compulsion order;

(vii) an assessment order;

(viii) a treatment order;

(ix) a hospital direction; or

(x) a transfer for treatment direction;

(c) patients who are subject to—

(i) an intervention order of which the Commission has been notified under section 53(10)(b) of the Adults with Incapacity (Scotland) Act 2000 (asp 4); or

(ii) a guardianship order of which the Commission has been notified under section 58(7)(d) of that Act;

(d) patients in respect of whom a person is a guardian by virtue of sub-paragraph (4), (5), (6) or (7) of paragraph 1 of schedule 4 to the Adults with Incapacity (Scotland) Act 2000 (asp 4); and

(e) patients who have granted, in accordance with section 16 of that Act, a welfare power of attorney, a copy of which has been sent to the Commission under section 19(2)(c) of that Act.

(3) If it appears to the Commission that patients—

(a) may be resident, or may be receiving medical treatment, in premises mentioned in subsection (4) below; or

(b) may use facilities provided in such premises,

a person authorised by the Commission may visit such premises for either of the purposes mentioned in subsection (5) below.

(4) Those premises are—

(a) a health service hospital (as defined in section 108(1) of the National Health Service (Scotland) Act 1978 (c. 29));

(b) premises in which—

(i) an independent health care service is provided;

(ii) a care home service is provided; or

(iii) a secure accommodation service is provided;

(c) premises provided by a local authority for the purpose of their duty under section 26 of this Act;

(d) a prison; and

(e) a young offenders institution.

(5) The purposes are—

(a) to inspect such premises or the facilities available in such premises; and

(b) to provide an opportunity for any patients who may be present in the premises at the time when the visit takes place to meet representatives of the Commission and to discuss with such representatives any concerns that such patients may have.

(6) A visit under subsection (1) or (3) above may be made with or without prior notification.

(7) A person proposing to conduct a visit under subsection (1) or (3) above shall, if requested to do so, produce an authenticated document showing that the Commission has given the requisite authority for the visit.

(8) In—

(a) subsection (4)(b)(ii) above, “care home service” has the meaning given to that expression by section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8); and

(b) subsection (4)(b)(iii) above, “secure accommodation service” has the meaning given to that expression by section 2(9) of that Act.

14 Interviews

(1) A person authorised to do so by the Commission (an “authorised person”) may, in connection with the discharge by the Commission of any of its functions under this Act or the Adults with Incapacity (Scotland) Act 2000 (asp 4)—

(a) interview—

(i) any patient; or

(ii) any other person that the authorised person considers it appropriate to interview; and

(b) require any such interview to be conducted in private.

(2) Without prejudice to the generality of subsection (1) above—

(a) an authorised person conducting a visit under subsection (1) of section 13 of this Act shall afford an opportunity, on request, during the visit, to—

(i) the patient who is the subject of the visit; and

(ii) other patients whose presence in the premises where the visit takes place is known to the authorised person,

to be interviewed in private by the authorised person; and

(b) an authorised person conducting a visit under subsection (3) of that section shall afford an opportunity, on request, during the visit, to patients whose presence in the premises that are being visited is known to the authorised person, to be so interviewed.

(3) An authorised person proposing to interview a person under subsection (1) or (2) above shall, if requested to do so, produce an authenticated document showing that the Commission has given the requisite authority for the purposes of this section.

15 Medical examination

(1) A person authorised by the Commission (an “authorised person”) may, in connection with the discharge by the Commission of any of its functions under—

(a) this Act; or

(b) the Adults with Incapacity (Scotland) Act 2000 (asp 4),

carry out in private a medical examination of a patient.

(2) An authorised person shall be—

(a) a medical commissioner; or

(b) a member of staff of the Commission who has such qualifications and experience, and has undertaken such training, as may be prescribed by regulations.

(3) An authorised person proposing to exercise the power conferred by subsection (1) above shall, if requested to do so, produce an authenticated document showing that the Commission has given the requisite authority for the purposes of this section.

16 Inspection etc. of records

(1) A person authorised by the Commission (an “authorised person”) may, in connection with the discharge by the Commission of any of its functions under—

(a) this Act; or

(b) the Adults with Incapacity (Scotland) Act 2000 (asp 4),

require any person holding medical or other records of a patient to produce them for inspection by the authorised person.

(2) An authorised person shall be—

(a) a member of the Commission; or

(b) a member of the staff of the Commission.

(3) An authorised person proposing to exercise the power conferred by subsection (1) above shall, if requested to do so, produce an authenticated document showing that the authorised person is a member of the Commission or, as the case may be, a member of staff of the Commission.

17 Duties of Scottish Ministers, local authorities and others as respects Commission

(1) The persons mentioned in subsection (2) below shall afford the Commission, or a person authorised by the Commission, all facilities necessary to enable the Commission, or that person, to discharge the Commission's, or (as the case may be) that person's, functions under this Act.

(2) Those persons are—

(a) the Scottish Ministers;

(b) a local authority;

(c) a Health Board;

(d) a Special Health Board;

(e) a National Health Service trust;

(f) a police force;

(g) the managers of a registered care service;

(h) the managers of—

(i) a prison; or

(ii) a young offenders institution;

(i) the Scottish Commission for the Regulation of Care;

(j) the Scottish Public Services Ombudsman; and

(k) such other persons as may be prescribed by regulations.

(3) In subsection (2)(g) above, “registered care service” has the meaning given by section 8(4) of this Act.

18 Annual Report

(1) The Commission shall, as soon as practicable after the end of each financial year of the Commission, submit to the Scottish Ministers, a report on the discharge of its functions during that year.

(2) The Scottish Ministers shall lay before the Scottish Parliament a copy of each report submitted to them under subsection (1) above.

(3) The financial year of the Commission is the period of 12 months ending with 31st March.

19 Statistical information

The Commission shall, in accordance with directions given to it by the Scottish Ministers, provide the Ministers with, and publish, statistical or other information relating to the discharge of its functions.

20 Protection from actions of defamation

(1) For the purposes of the law of defamation, any statement made in pursuance of any of sections 6, 7 to 10 and 18(1) of this Act by the Commission, or any of its employees, shall be privileged unless such statement is shown to be made with malice.

(2) In this section—

Part 3 The Mental Health Tribunal for Scotland

21 The Mental Health Tribunal for Scotland

(1) There shall be a tribunal to be known as the Mental Health Tribunal for Scotland (in this Act referred to as “the Tribunal”).

(2) The Tribunal shall discharge such functions as are conferred on it by virtue of this Act.

(3) Regulations may make such provision in connection with the Tribunal as the Scottish Ministers consider appropriate.

(4) Schedule 2 to this Act (which makes provision as respects the Tribunal and its proceedings) shall have effect.

Part 4 Health Board and local authority functions

Chapter 1 Health Board duties

Approved medical practitioners

22 Approved medical practitioners

(1) Subject to subsection (3) below, the persons mentioned in subsection (2) below shall each compile and maintain a list of medical practitioners who—

(a) have such qualifications and experience, and have undertaken such training, as may be specified in directions given by the Scottish Ministers; and

(b) are approved for the purposes of this paragraph by the Board concerned as having special experience in the diagnosis and treatment of mental disorder.

(2) Those persons are—

(a) a Health Board; and

(b) the State Hospitals Board for Scotland.

(3) A list compiled by a Health Board under subsection (1) above shall be compiled for its area.

(4) A medical practitioner included for the time being in any list maintained under subsection (1) above is referred to in this Act as an “approved medical practitioner”.

Services and accommodation: particular cases

23 Provision of services and accommodation for certain patients under 18

(1) A Health Board shall provide for any child or young person who—

(a) is detained in hospital under Part 5 or 6 of this Act; or

(b) has been admitted to hospital, whether voluntarily or not, for the purposes of receiving treatment for a mental disorder,

such services and accommodation as are sufficient for the particular needs of that child or young person.

(2) In this section, “child or young person” means a person under the age of 18 years.

24 Provision of services and accommodation for certain mothers with post-natal depression

(1) A Health Board shall provide for any woman who—

(a) is the mother or adoptive mother of a child less than one year old;

(b) cares for the child;

(c) is not likely to endanger the health or welfare of the child; and

(d) has been admitted to hospital, whether voluntarily or not, for the purposes of receiving treatment for post-natal depression,

such services and accommodation as are necessary to ensure that the woman is able, if she wishes, to care for the child in hospital.

(2) Each Health Board shall collaborate with other Health Boards to whatever extent is necessary to fulfil its duty under subsection (1) above.

Chapter 2 Local authority functions

Provision of services

25 Care and support services etc.

(1) A local authority—

(a) shall—

(i) provide, for persons who are not in hospital and who have or have had a mental disorder, services which provide care and support; or

(ii) secure the provision of such services for such persons; and

(b) may—

(i) provide such services for persons who are in hospital and who have or have had a mental disorder; or

(ii) secure the provision of such services for such persons.

(2) Services provided by virtue of subsection (1) above shall be designed to—

(a) minimise the effect of the mental disorder on such persons; and

(b) give such persons the opportunity to lead lives which are as normal as possible.

(3) In subsection (1) above, “care and support”—

(a) includes, without prejudice to the generality of that expression—

(i) residential accommodation; and

(ii) personal care and personal support (each of those expressions having the meaning given by section 2(28) of the Regulation of Care (Scotland) Act 2001 (asp 8)); but

(b) does not include nursing care.

(4) In section 59(1) of the Social Work (Scotland) Act 1968 (c. 49) (duty of local authorities as respects provision and maintenance of residential or other establishments), for the words “or under” there shall be substituted “sections 25 and 26 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) or”.

26 Services designed to promote well-being and social development

(1) A local authority—

(a) shall—

(i) provide, for persons who are not in hospital and who have or have had a mental disorder, services which are designed to promote the well-being and social development of those persons; or

(ii) secure the provision of such services for such persons; and

(b) may—

(i) provide such services for persons who are in hospital and who have or have had a mental disorder; or

(ii) secure the provision of such services for such persons.

(2) Services provided by virtue of subsection (1) above shall include, without prejudice to the generality of that subsection, services which provide—

(a) social, cultural and recreational activities;

(b) training for such of those persons as are over school age; and

(c) assistance for such of those persons as are over school age in obtaining and in undertaking employment.

(3) Subsection (1) above is without prejudice to the operation of—

(a) section 1 of the Education (Scotland) Act 1980 (c. 44) (duties and powers of education authorities in relation to the provision of social, cultural and recreative activities and vocational and industrial training); and

(b) section 1 of the Further and Higher Education (Scotland) Act 1992 (c. 37) (duty of Scottish Ministers in relation to the provision of further education).

(4) In subsection (2)(b) and (c) above, “school age” has the same meaning as in section 31 of the Education (Scotland) Act 1980 (c. 44).

27 Assistance with travel

A local authority—

(a) shall—

(i) provide, for persons who are not in hospital and who have or have had a mental disorder, such facilities for, or assistance in, travelling as the authority may consider necessary to enable those persons to attend or participate in any of the services mentioned in sections 25 and 26 of this Act; or

(ii) secure the provision of such facilities or assistance for such persons; and

(b) may—

(i) provide such facilities or assistance for persons who are in hospital and who have or have had a mental disorder; or

(ii) secure the provision of such facilities or assistance for such persons.

Charging for services

28 Services under sections 25 to 27: charging

(1) In section 87 of the Social Work (Scotland) Act 1968 (c. 49) (charges that may be made for certain services)—

(a) in subsection (1), for the words from “section 7” to “Act 1984” there shall be substituted “section 25 (care and support services for persons who have or have had a mental disorder), 26 (services designed to promote well-being and social development of such persons) or 27 (assistance with travel in connection with such services) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)”;

(b) in paragraph (a) of subsection (1A), for the words “section 7 or 8 of the said Act of 1984” there shall be substituted “section 25, 26 or 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)”; and

(c) in each of subsections (2), (3) and (4), for the words “section 7 of the said Act of 1984” there shall be substituted the words “section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)”.

(2) In—

(a) section 2 of the Community Care and Health (Scotland) Act 2002 (asp 5) (meaning of “accommodation” for purpose of certain enactments), for the words from “section 7” to “in relation to” there shall be substituted “section 25 of the 2003 Act (provision of care and support services etc. for”; and

(b) section 22(1) of that Act (interpretation)—

(i) the definition of “the 1984 Act” shall be repealed;

(ii) after the definition of “the 1995 Act”, there shall be inserted—

““the 2003 Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);”; and

(iii) for paragraph (b) of the definition of “social care” there shall be substituted—

“(b) under section 25 (care and support services for persons who have or have had a mental disorder), 26 (services designed to promote well-being and social development of such persons) or 27 (assistance with travel in connection with such services) of the 2003 Act”; and

(iv) in that definition, for the word “either” there shall be substituted “any”.

Relationship with general duties

29 Relationship between duties under sections 25 to 27 and duties under Social Work (Scotland) Act 1968 and Children (Scotland) Act 1995

(1) The duties of a local authority under sections 25 to 27 of this Act are without prejudice to the duties imposed on them by the enactments mentioned in subsection (2) below as those duties apply in relation to persons who have or have had a mental disorder.

(2) Those enactments are—

(a) sections 12(1) (provision of advice, guidance and assistance on an appropriate scale), 13A (provision of residential accommodation with nursing), 13B (provision of care and after-care) and 14 (provision of domiciliary and laundry services) of the Social Work (Scotland) Act 1968 (c. 49); and

(b) section 22(1) of the Children (Scotland) Act 1995 (c. 36) (duty to provide services for children in need).

Co-operation and assistance

30 Co-operation with Health Boards and others

(1) In providing services for a person under any of sections 25 to 27 of this Act, a local authority shall co-operate with any—

(a) Health Boards;

(b) Special Health Boards;

(c) National Health Service trusts; or

(d) voluntary organisations,

that appear to the authority to have an interest, power or duty mentioned in subsection (2) below.

(2) Such an interest, power or duty is—

(a) an interest in the provision of services by the local authority under any of sections 25 to 27 of this Act; or

(b) a power or duty to provide or secure the provision of services, or an interest in the provision of services,

for the person.

31 Assistance from Health Boards and others

(1) Where it appears to a local authority that the assistance of a Health Board, a Special Health Board or a National Health Service trust—

(a) is necessary to enable the authority to perform any of their duties under section 25 or 26 of this Act; or

(b) would help the authority to perform any of those duties,

the authority may request the Health Board, Special Health Board or National Health Service trust to co-operate by providing the assistance specified in the request.

(2) A Health Board, a Special Health Board or a National Health Service trust receiving a request under subsection (1) above shall, if complying with the request—

(a) would be compatible with the discharge of its own functions (whether under any enactment or otherwise); and

(b) would not prejudice unduly the discharge by it of any of those functions,

comply with the request.

(3) This section is without prejudice to section 21 of the Children (Scotland) Act 1995 (c. 36) (which enables a local authority to require assistance from a Health Board, a National Health Service trust or others in the exercise of the authority’s functions under Part II of that Act).

Appointment of mental health officers

32 Appointment of mental health officers

(1) A local authority shall appoint a sufficient number of persons for the purpose of discharging, in relation to their area, the functions of mental health officers under—

(a) this Act;

(b) the 1995 Act; and

(c) the Adults with Incapacity (Scotland) Act 2000 (asp 4).

(2) A local authority shall appoint under subsection (1) above only persons—

(a) who are officers of a local authority; and

(b) who satisfy such requirements as the Scottish Ministers may direct as to—

(i) registration;

(ii) education and training;

(iii) experience;

(iv) competence as respects persons who have or have had a mental disorder; and

(v) any other matters that may be specified in the direction.

(3) A person duly appointed by a local authority before the day on which this section comes into force to discharge the functions of a mental health officer shall, for the purposes of this Act, be deemed to have been appointed under subsection (1) above; and references in subsections (4) and (5) below to a person appointed under subsection (1) above shall include references to a person deemed by virtue of this subsection to have been so appointed.

(4) A local authority shall, in accordance with directions given by the Scottish Ministers, provide or secure the provision of training for persons appointed by them under subsection (1) above as respects requirements in directions under subsections (2) above and (5) below.

(5) A local authority shall terminate the appointment of a person appointed under subsection (1) above if the person—

(a) ceases to be an officer of a local authority; or

(b) does not satisfy—

(i) any requirement in a direction under subsection (2) above; or

(ii) such other requirements as to any of the matters mentioned in paragraph (b) of that subsection as the Scottish Ministers may, from time to time, by direction specify.

(6) The validity of any acts or omissions of a person appointed as a mental health officer in the discharge of the functions of such an officer prior to a termination of appointment by virtue of subsection (5) above is not affected by such termination.

(7) Directions given by the Scottish Ministers under this section shall be given to local authorities collectively.

Duty to inquire into individual cases

33 Duty to inquire

(1) Where it appears to a local authority that—

(a) a person in their area who is aged 16 years or over has a mental disorder; and

(b) any of the circumstances mentioned in subsection (2) below apply,

the authority shall cause inquiries to be made into the person’s case.

(2) Those circumstances are—

(a) that the person may be, or may have been, subject, or exposed, at some place other than a hospital to—

(i) ill-treatment;

(ii) neglect; or

(iii) some other deficiency in care or treatment;

(b) that, because of the mental disorder, the person’s property—

(i) may be suffering, or may have suffered, loss or damage; or

(ii) may be, or may have been, at risk of suffering loss or damage;

(c) that the person may be—

(i) living alone or without care; and

(ii) unable to look after himself or his property or financial affairs;

(d) that the person is not in hospital and, because of the mental disorder, the safety of some other person may be at risk.

34 Inquiries under section 33: co-operation

(1) This section applies where a local authority are required by section 33(1) of this Act to cause inquiries to be made into a person’s case.

(2) Where it appears to the local authority that the assistance of any of the persons mentioned in subsection (3) below—

(a) is necessary for the purposes of the inquiries; or

(b) would assist the inquiries,

the authority may request that person to provide the assistance specified in the request.

(3) Those persons are—

(a) the Commission;

(b) the Public Guardian;

(c) the Scottish Commission for the Regulation of Care;

(d) a Health Board; and

(e) a National Health Service trust.

(4) Where—

(a) a person receives a request under subsection (2) above; and

(b) complying with the request—

(i) would be compatible with the discharge of the person’s functions (whether under any enactment or otherwise); and

(ii) would not prejudice unduly the discharge by the person of any of those functions,

the person shall comply with the request.

35 Inquiries under section 33: warrants

(1) If a sheriff, or a justice of the peace, is satisfied by a relevant mental health officer’s evidence on oath—

(a) that, for the purposes of inquiries under section 33 of this Act, it is necessary to enter premises; and

(b) that the mental health officer—

(i) is unable to obtain entry to those premises; or

(ii) reasonably apprehends that the mental health officer will be unable to obtain entry to those premises,

the sheriff or justice of the peace may grant a warrant under this subsection.

(2) A warrant under subsection (1) above is a warrant—

(a) authorising—

(i) the mental health officer specified in the warrant;

(ii) any other persons so specified; and

(iii) any constable of the police force maintained for the area in which the premises are situated,

before the expiry of the period of 8 days beginning with the day on which the warrant is granted, to enter, for the purposes of the inquiries, any premises so specified; and

(b) authorising any such constable, before the expiry of that period, for the purpose of exercising the power mentioned in paragraph (a) above, to open lockfast places on premises so specified.

(3) An application for a warrant under subsection (1) above shall—

(a) if made to the sheriff, be made to the sheriff of the sheriffdom; or

(b) if made to a justice of the peace, be made to a justice for the commission area,

in which the premises to which the application relates are situated.

(4) If a sheriff, or a justice of the peace, is satisfied by a relevant mental health officer’s evidence on oath—

(a) that, for the purposes of inquiries under section 33 of this Act, it is necessary that a medical practitioner carry out a medical examination of the person who is the subject of the inquiries; and

(b) that the mental health officer is unable to obtain the consent of that person to that matter,

the sheriff, or justice of the peace, may grant a warrant under this subsection.

(5) A warrant under subsection (4) above is a warrant authorising the detention of the person who is the subject of the inquiries for a period of 3 hours for the purposes of enabling a medical examination of the person to be carried out by the medical practitioner specified in the warrant.

(6) An application for a warrant under subsection (4) above shall—

(a) if made to the sheriff, be made to the sheriff of the sheriffdom; or

(b) if made to a justice of the peace, be made to a justice for the commission area,

in which the person who is the subject of the inquiries for the time being is.

(7) If a sheriff, or a justice of the peace, is satisfied by a relevant mental health officer’s evidence on oath—

(a) that, for the purposes of inquiries under section 33 of this Act, it is necessary that a medical practitioner have access to the person’s medical records; and

(b) that the mental health officer is unable to obtain the consent of that person to that matter,

the sheriff, or justice of the peace, may grant a warrant under this subsection.

(8) A warrant under subsection (7) above is a warrant requiring any person holding medical records of the person subject to the inquiries to produce them for inspection by the medical practitioner specified in the warrant on being required to do so by the practitioner.

(9) An application for a warrant under subsection (7) above shall—

(a) if made to the sheriff, be made to the sheriff of the sheriffdom; or

(b) if made to a justice, be made to a justice for the commission area,

in which the person who is the subject of the inquiries for the time being is.

(10) A mental health officer shall as soon as practicable after the sheriff, or justice of the peace, decides to grant or refuse an application for a warrant under subsection (1), (4) or (7) above, give notice to the Commission as to whether a warrant was granted or refused.

(11) No appeal shall be competent against a decision of a sheriff, or a justice of the peace, under this section granting, or refusing to grant, a warrant.

(12) References to a relevant mental health officer—

(a) in subsection (1) above are to a mental health officer appointed by the local authority for the area in which the premises to which the application relates are situated;

(b) in subsections (4) and (7) above are to a mental health officer appointed by the local authority which is causing inquiries to be made.

Part 5 Emergency detention

Emergency detention certificate

36 Emergency detention in hospital

(1) Where—

(a) a medical practitioner carries out a medical examination of a patient;

(b) the patient does not fall within subsection (2) below; and

(c) subsection (3) below applies,

the medical practitioner may, before the expiry of the appropriate period, grant an emergency detention certificate authorising, if the condition mentioned in subsection (7) below is satisfied, the measures mentioned in subsection (8) below.

(2) The patient falls within this subsection if, immediately before the medical examination mentioned in subsection (1)(a) above is carried out, the patient is detained in hospital under authority of—

(a) an emergency detention certificate;

(b) a short-term detention certificate;

(c) an extension certificate;

(d) section 68 of this Act; or

(e) a certificate granted under section 114(2) or 115(2) of this Act.

(3) Subject to subsection (6) below, this subsection applies where—

(a) there is no conflict of interest in relation to the medical examination;

(b) the medical practitioner considers that it is likely that the conditions mentioned in subsection (4) below are met in respect of the patient;

(c) the medical practitioner is satisfied that the conditions mentioned in subsection (5) below are met in respect of the patient; and

(d) the medical practitioner has consulted a mental health officer and that mental health officer has consented to the grant of an emergency detention certificate.

(4) The conditions referred to in subsection (3)(b) above are—

(a) that the patient has a mental disorder; and

(b) that, because of the mental disorder, the patient’s ability to make decisions about the provision of medical treatment is significantly impaired.

(5) The conditions referred to in subsection (3)(c) above are—

(a) that it is necessary as a matter of urgency to detain the patient in hospital for the purpose of determining what medical treatment requires to be provided to the patient;

(b) that if the patient were not detained in hospital there would be a significant risk—

(i) to the health, safety or welfare of the patient; or

(ii) to the safety of any other person; and

(c) that making arrangements with a view to the grant of a short-term detention certificate would involve undesirable delay.

(6) If it is impracticable for the medical practitioner to consult or seek consent under paragraph (d) of subsection (3) above, that paragraph need not be satisfied for the subsection to apply.

(7) The condition referred to in subsection (1) above is that the measure mentioned in subsection (8)(b)(i) below is authorised by the certificate only if, before the patient is admitted under authority of the certificate to a hospital, the certificate is given to the managers of that hospital.

(8) The measures referred to in subsection (1) above are—

(a) the removal, before the expiry of the period of 72 hours beginning with the granting of the emergency detention certificate, of the patient to a hospital or to a different hospital; and

(b) the detention of the patient in hospital for the period of 72 hours beginning with—

(i) if, immediately before the certificate is granted, the patient is not in hospital, the first admission under authority of the certificate of the patient to hospital;

(ii) if, immediately before the certificate is granted, the patient is in hospital, the granting of the certificate.

(9) Regulations may specify—

(a) the circumstances in which there is to be taken to be; and

(b) the circumstances in which there is not to be taken to be,

a conflict of interest in relation to the medical examination.

(10) The emergency detention certificate—

(a) shall state the medical practitioner’s reasons for believing the conditions mentioned in subsections (4) and (5) above to be met in respect of the patient; and

(b) shall be signed by the medical practitioner.

(11) If a medical practitioner grants an emergency detention certificate in respect of a patient who, immediately before the certificate is granted, is in hospital, the medical practitioner shall, as soon as practicable after granting the certificate, give the certificate to the managers of that hospital.

(12) In subsection (1) above “appropriate period” means—

(a) in a case where the medical examination of the patient is completed at least 4 hours before the end of the day (or, if it takes place on two days, the later of the days) on which it is carried out, the period beginning with completion of the examination and ending with the end of that day;

(b) in any other case, the period of 4 hours beginning with the completion of the medical examination.

37 Notification by medical practitioner

(1) Subject to subsection (3) below, a medical practitioner who grants an emergency detention certificate shall, when the certificate is given to the managers of the hospital in which the patient is to be detained under authority of the certificate, give notice to them of the matters mentioned in subsection (2) below.

(2) Those matters are—

(a) the reason for granting the certificate;

(b) whether consent of a mental health officer was obtained to the granting of the certificate;

(c) if the certificate was granted without consent to its granting having been obtained from a mental health officer, the reason why it was impracticable to consult a mental health officer;

(d) the alternatives to granting the certificate that were considered by the medical practitioner; and

(e) the reason for the medical practitioner determining that any such alternative was inappropriate.

(3) If it is impracticable for notice to be given when the certificate is given to the managers, the medical practitioner shall give notice as soon as practicable after that time.

Duties on hospital managers

38 Duties on hospital managers: examination, notification etc.

(1) This section applies where a patient is detained in hospital under authority of an emergency detention certificate.

(2) As soon as practicable after the period of detention authorised by the certificate begins as mentioned in section 36(8)(b) of this Act, the managers of the hospital shall make arrangements for an approved medical practitioner to carry out a medical examination of the patient.

(3) The managers of the hospital shall—

(a) before the expiry of the period of 12 hours beginning with the giving of the certificate to them, inform the persons mentioned in subsection (4) below of the granting of the certificate; and

(b) before the expiry of the period of 7 days beginning with the day on which they receive notice under section 37 of this Act—

(i) give notice to the persons mentioned in subsection (4) below of the matters notified to them under that section; and

(ii) if the certificate was granted without consent to its granting having been obtained from a mental health officer, give notice of those matters to the persons mentioned in subsection (5) below.

(4) The persons referred to in subsection (3)(a) and (b)(i) above are—

(a) the patient’s nearest relative;

(b) if that person does not reside with the patient, any person who resides with the patient;

(c) if—

(i) the managers know who the patient’s named person is; and

(ii) that named person is not any of the persons mentioned in paragraphs (a) and (b) above,

the patient’s named person; and

(d) the Commission.

(5) The persons referred to in subsection (3)(b)(ii) above are—

(a) if the managers know where the patient resides, the local authority for the area in which the patient resides; or

(b) if the managers do not know where the patient resides, the local authority for the area in which the hospital is situated.

Revocation of certificate

39 Approved medical practitioner’s duty to revoke emergency detention certificate

If the approved medical practitioner who carries out the medical examination required by section 38(2) of this Act is not satisfied—

(a) that the conditions mentioned in section 36(4)(a) and (b) and (5)(b) of this Act continue to be met in respect of the patient; or

(b) that it continues to be necessary for the detention in hospital of the patient to be authorised by the certificate,

the approved medical practitioner shall revoke the certificate.

40 Revocation of emergency detention certificate: notification

(1) Where an approved medical practitioner revokes a certificate under section 39 of this Act, the practitioner shall, as soon as practicable after doing so, inform—

(a) the patient; and

(b) the managers of the hospital in which the patient is detained,

of the revocation.

(2) The managers of the hospital shall, as soon as practicable after being informed of the revocation, inform the persons mentioned in section 38(4) and (5) of this Act of the revocation.

Suspension of authority to detain

41 Suspension of authority to detain

(1) Where—

(a) a patient is subject to an emergency detention certificate; and

(b) the patient’s responsible medical officer grants a certificate specifying a period during which the emergency detention certificate shall not authorise the measure mentioned in section 36(8)(b) of this Act,

the emergency detention certificate does not authorise that measure during that period.

(2) A period specified in a certificate granted under subsection (1) above may be expressed as—

(a) the duration of—

(i) an event; or

(ii) a series of events; or

(b) the duration of—

(i) an event; or

(ii) a series of events,

and any associated travel.

(3) If the responsible medical officer considers that it is necessary—

(a) in the interests of the patient; or

(b) for the protection of any other person,

a certificate granted under subsection (1) above may include conditions such as are mentioned in subsection (4) below; and any such conditions shall have effect.

(4) Those conditions are—

(a) that, during the period specified in the certificate, the patient be kept in the charge of a person authorised in writing for the purpose by the responsible medical officer;

(b) such other conditions as may be specified by the responsible medical officer.

42 Certificate under section 41: revocation

(1) Subsection (2) below applies where a certificate is granted under section 41(1) of this Act in respect of a patient.

(2) If the patient’s responsible medical officer is satisfied that it is necessary—

(a) in the interests of the patient; or

(b) for the protection of any other person,

that the certificate be revoked, the responsible medical officer may revoke the certificate.

(3) Where a responsible medical officer revokes a certificate under subsection (2) above, the responsible medical officer shall, as soon as practicable after doing so, inform—

(a) the patient;

(b) if the certificate includes a condition such as is mentioned in section 41(4)(a) of this Act, any person authorised in accordance with that condition; and

(c) the managers of the hospital in which the patient is detained,

of the revocation.

(4) The managers of the hospital shall, as soon as practicable after being informed of the revocation, inform the persons mentioned in section 38(4) and (5) of this Act of the revocation.

Effect of emergency detention certificate on compulsory treatment order

43 Effect of subsequent emergency detention certificate on compulsory treatment order

(1) This section applies where—

(a) a patient is subject to a compulsory treatment order; and

(b) an emergency detention certificate is granted in respect of the patient.

(2) The compulsory treatment order shall, subject to subsection (3) below, cease to authorise the measures specified in it for the period during which the patient is subject to the emergency detention certificate.

(3) If the measure mentioned in section 66(1)(b) of this Act is specified in the compulsory treatment order, the compulsory treatment order shall continue to authorise that measure during the period mentioned in subsection (2) above.

Part 6 Short-term detention

Short-term detention certificate

44 Short-term detention in hospital

(1) Where—

(a) an approved medical practitioner carries out a medical examination of a patient;

(b) the patient does not fall within subsection (2) below; and

(c) subsection (3) below applies,

the approved medical practitioner may, before the expiry of the period of 3 days beginning with the completion of the medical examination, grant a short-term detention certificate authorising, if the condition mentioned in subsection (6) below is satisfied, the measures mentioned in subsection (5) below.

(2) The patient falls within this subsection if, immediately before the medical examination mentioned in subsection (1)(a) above is carried out, the patient is detained in hospital under authority of—

(a) a short-term detention certificate;

(b) an extension certificate;

(c) section 68 of this Act; or

(d) a certificate granted under section 114(2) or 115(2) of this Act.

(3) This subsection applies where—

(a) there is no conflict of interest in relation to the medical examination;

(b) the approved medical practitioner considers that it is likely that the conditions mentioned in subsection (4) below are met in respect of the patient;

(c) the approved medical practitioner consults a mental health officer; and

(d) the mental health officer consents to the grant of a short-term detention certificate.

(4) The conditions referred to subsection (3)(b) above are—

(a) that the patient has a mental disorder;

(b) that, because of the mental disorder, the patient’s ability to make decisions about the provision of medical treatment is significantly impaired;

(c) that it is necessary to detain the patient in hospital for the purpose of—

(i) determining what medical treatment should be given to the patient; or

(ii) giving medical treatment to the patient;

(d) that if the patient were not detained in hospital there would be a significant risk—

(i) to the health, safety or welfare of the patient; or

(ii) to the safety of any other person; and

(e) that the granting of a short-term detention certificate is necessary.

(5) The measures referred to in subsection (1) above are—

(a) the removal, before the expiry of the period of 3 days beginning with the granting of the short-term detention certificate, of the patient to a hospital or to a different hospital;

(b) the detention of the patient in hospital for the period of 28 days beginning with—

(i) if, immediately before the certificate is granted, the patient is not in hospital, the beginning of the day on which admission under authority of the certificate of the patient to hospital first takes place;

(ii) if, immediately before the certificate is granted, the patient is in hospital, the beginning of the day on which the certificate is granted;

(c) the giving to the patient, in accordance with Part 16 of this Act, of medical treatment.

(6) The condition referred to in subsection (1) above is that the measure mentioned in subsection (5)(b)(i) above is authorised by the certificate only if, before the patient is admitted to hospital under authority of the certificate, the certificate is given to the managers of that hospital.

(7) If an approved medical practitioner grants a short-term detention certificate in respect of a patient who, immediately before the certificate is granted, is in hospital, the approved medical practitioner shall, as soon as practicable after granting the certificate, give the certificate to the managers of that hospital.

(8) Regulations may specify—

(a) the circumstances in which there is to be taken to be; and

(b) the circumstances in which there is not to be taken to be,

a conflict of interest in relation to the medical examination.

(9) The short-term detention certificate—

(a) shall state the approved medical practitioner’s reasons for believing the conditions mentioned in subsection (4) above to be met in respect of the patient; and

(b) shall be signed by the approved medical practitioner.

(10) Before granting the short-term detention certificate, the approved medical practitioner shall, subject to subsection (11) below, consult the patient’s named person about the proposed grant of the certificate; and the approved medical practitioner shall have regard to any views expressed by the named person.

(11) The approved medical practitioner need not consult a named person as mentioned in subsection (10) above in any case where it is impracticable to do so.

45 Mental health officer’s duty to interview patient etc.

(1) Subject to subsection (2) below, before deciding whether to consent for the purposes of section 44(3)(d) of this Act, a mental health officer shall—

(a) interview the patient;

(b) ascertain the name and address of the patient’s named person;

(c) inform the patient of the availability of independent advocacy services under section 259 of this Act; and

(d) take appropriate steps to ensure that the patient has the opportunity of making use of those services.

(2) If it is impracticable for the mental health officer to—

(a) interview the patient; or

(b) ascertain the name and address of the patient’s named person,

the mental health officer shall comply with the requirements in subsection (3) below.

(3) Those requirements are—

(a) recording the steps taken by the mental health officer with a view to complying with the duty concerned; and

(b) before the expiry of the period of 7 days beginning with the day on which the mental health officer is consulted by an approved medical practitioner under section 44(3)(c) of this Act, giving a copy of the record to the approved medical practitioner.

Duties on hospital managers

46 Hospital managers' duties: notification

(1) This section applies where a patient is detained in hospital under authority of a short-term detention certificate.

(2) The managers of the hospital shall as soon as practicable after the production to them of the short-term detention certificate, give notice of its granting to—

(a) the patient;

(b) the patient’s named person;

(c) any guardian of the patient; and

(d) any welfare attorney of the patient.

(3) The managers of the hospital shall, before the expiry of the period of 7 days beginning with the day on which the certificate is granted, give notice of its granting, and send a copy of it, to—

(a) the Tribunal; and

(b) the Commission.

Extension certificate

47 Extension of detention pending application for compulsory treatment order

(1) Where—

(a) a patient is detained in hospital under authority of a short-term detention certificate;

(b) an approved medical practitioner carries out a medical examination of the patient; and

(c) subsections (2) and (3) below apply,

the approved medical practitioner may, before the expiry of the period of 24 hours beginning with the completion of that medical examination, grant a certificate (any such certificate being referred to in this Act as an “extension certificate”) authorising the measures mentioned in subsection (4) below.

(2) This subsection applies where—

(a) there is no conflict of interest in relation to the medical examination; and

(b) the approved medical practitioner considers—

(i) that the conditions mentioned in paragraphs (a) to (d) of section 44(4) of this Act are met in respect of the patient; and

(ii) that because of a change in the mental health of the patient, an application should be made under section 63 of this Act for a compulsory treatment order.

(3) This subsection applies where—

(a) no application has been made under section 63 of this Act;

(b) it would not be reasonably practicable to make an application under that section before the expiry of the period of detention authorised by the short-term detention certificate; and

(c) subject to subsection (6) below—

(i) the approved medical practitioner consults a mental health officer about the proposed grant of an extension certificate; and

(ii) the mental health officer consents to the granting of the extension certificate.

(4) The measures referred to in subsection (1) above are—

(a) the detention in hospital of the patient for the period of 3 days beginning with the expiry of the period for which the short-term detention certificate authorises the detention of the patient in hospital; and

(b) the giving to the patient, in accordance with Part 16 of this Act, of medical treatment.

(5) Regulations may specify—

(a) the circumstances in which there is to be taken to be; and

(b) the circumstances in which there is not to be taken to be,

a conflict of interest in relation to the medical examination.

(6) An approved medical practitioner need not consult or seek consent under subsection (3)(c) above in any case where it is impracticable to do so.

(7) In reckoning the period of days mentioned in subsection (4)(a) above, there shall be left out of account any day which is not a working day.

(8) In this section “working day” means a day which is not—

(a) Saturday;

(b) Sunday; or

(c) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in Scotland.

48 Extension certificate: notification

(1) An approved medical practitioner who grants an extension certificate shall, before the expiry of the period of 24 hours beginning with the granting of the certificate, give the certificate to the managers of the hospital in which the patient is detained and give notice to the persons mentioned in subsection (2) below—

(a) of the granting of the extension certificate;

(b) of the approved medical practitioner’s reasons for believing the conditions mentioned in paragraphs (a) to (d) of section 44(4) of this Act to be met in respect of the patient;

(c) as to whether consent of a mental health officer was obtained to the granting of the certificate; and

(d) if the certificate was granted without consent to its granting having been obtained from a mental health officer, the reason why it was impracticable to consult a mental health officer.

(2) Those persons are—

(a) the patient;

(b) the patient’s named person;

(c) the Tribunal;

(d) the Commission;

(e) any guardian of the patient;

(f) any welfare attorney of the patient; and

(g) the mental health officer.

Revocation of certificates

49 Responsible medical officer’s duty to review continuing need for detention

(1) Where a patient is detained in hospital under authority of a short-term detention certificate or an extension certificate, the patient’s responsible medical officer shall, from time to time, consider—

(a) whether the conditions mentioned in paragraphs (a), (b) and (d) of section 44(4) of this Act continue to be met in respect of the patient; and

(b) whether it continues to be necessary for the detention in hospital of the patient to be authorised by the certificate.

(2) If, having complied with subsection (1) above, the responsible medical officer is not satisfied—

(a) that the conditions referred to in paragraph (a) of that subsection continue to be met in respect of the patient; or

(b) that it continues to be necessary for the detention in hospital of the patient to be authorised by the certificate,

the responsible medical officer shall revoke the certificate.

(3) The responsible medical officer shall, as soon as practicable after revoking a certificate under subsection (2) above, give notice of its revocation to—

(a) the patient;

(b) the patient’s named person;

(c) any guardian of the patient;

(d) any welfare attorney of the patient; and

(e) the mental health officer who was consulted under section 44(3)(c) of this Act.

(4) The responsible medical officer shall, before the expiry of the period of 7 days beginning with the day on which the certificate is revoked, give notice of its revocation to—

(a) the Tribunal; and

(b) the Commission.

50 Patient’s right to apply for revocation of short-term detention certificate or extension certificate etc.

(1) Where a patient is in hospital under authority of a short-term detention certificate or an extension certificate—

(a) the patient; or

(b) the patient’s named person,

may apply to the Tribunal for revocation of the certificate.

(2) Before determining an application under subsection (1) above, the Tribunal shall afford 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 approved medical practitioner who granted the short-term detention certificate;

(f) the mental health officer who was consulted under section 44(3)(c) of this Act;

(g) if the patient has a responsible medical officer, that responsible medical officer;

(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 application.

(4) On an application under subsection (1) above, the Tribunal shall, if not satisfied—

(a) that the conditions mentioned in paragraphs (a), (b) and (d) of section 44(4) of this Act continue to be met in respect of the patient; or

(b) that it continues to be necessary for the detention in hospital of the patient to be authorised by the certificate,

revoke the certificate.

(5) Where, before a short-term detention certificate is revoked under subsection (4) above an extension certificate has been granted in respect of the patient, the revocation of the short-term detention certificate shall have the effect of revoking the extension certificate, notwithstanding that there has been no application under subsection (1) above in relation to the extension certificate.

51 Commission’s power to revoke short-term detention certificate or extension certificate

Where—

(a) the detention of a patient in hospital is authorised by a short-term detention certificate or an extension certificate; and

(b) the Commission is satisfied—

(i) that not all of the conditions mentioned in paragraphs (a), (b) and (d) of section 44(4) of this Act continue to be met in respect of the patient; or

(ii) that it does not continue to be necessary for the detention in hospital of the patient to be authorised by the certificate,

the Commission may revoke the certificate.

52 Revocation of short-term detention certificate or extension certificate: notification

Where the Commission revokes a certificate under section 51 of this Act, it shall, as soon as practicable after doing so, give notice of the revocation to—

(a) the patient;

(b) the patient’s named person;

(c) any guardian of the patient;

(d) any welfare attorney of the patient;

(e) the managers of the hospital in which the patient is detained;

(f) the mental health officer who was consulted under section 44(3)(c) of this Act; and

(g) the Tribunal.

Suspension of detention

53 Suspension of measure authorising detention

(1) Where—

(a) a patient is subject to a short-term detention certificate; and

(b) the patient’s responsible medical officer grants a certificate specifying a period during which the short-term detention certificate shall not authorise the measures mentioned in section 44(5)(b) of this Act,

the short-term detention certificate does not authorise that measure during that period.

(2) A period specified in a certificate granted under subsection (1) above may be expressed as—

(a) the duration of—

(i) an event; or

(ii) a series of events; or

(b) the duration of—

(i) an event; or

(ii) a series of events,

and any associated travel.

(3) If the responsible medical officer considers that it is necessary—

(a) in the interests of the patient; or

(b) for the protection of any other person,

a certificate granted under subsection (1) above may include conditions such as are mentioned in subsection (4) below; and any such conditions shall have effect.

(4) Those conditions are—

(a) that, during the period specified in the certificate, the patient be kept in the charge of a person authorised in writing for the purpose by the responsible medical officer;

(b) such other conditions as may be specified by the responsible medical officer.

54 Certificate under section 53: revocation

(1) Subsection (2) below applies where a certificate is granted under section 53(1) of this Act in respect of a patient.

(2) If the patient’s responsible medical officer is satisfied that it is necessary—

(a) in the interests of the patient; or

(b) for the protection of any other person,

that the certificate be revoked, the responsible medical officer may revoke the certificate.

(3) Where a responsible medical officer revokes a certificate under subsection (2) above, the responsible medical officer shall, as soon as practicable after doing so, give notice of the revocation to—

(a) the patient;

(b) the patient’s named person;

(c) the mental health officer;

(d) if the certificate includes a condition such as is mentioned in section 53(4)(a) of this Act, any person authorised in accordance with that condition; and

(e) the Commission.

Effect of short-term detention certificate on emergency detention certificate

55 Effect of subsequent short-term detention certificate on emergency detention certificate

If a short-term detention certificate is granted in respect of a patient who is in hospital under authority of an emergency detention certificate, the emergency detention certificate shall, on the granting of the short-term detention certificate, be revoked.

Effect of short-term detention certificate on compulsory treatment order

56 Effect of subsequent short-term detention certificate on compulsory treatment order

(1) Subsection (2) below applies where—

(a) a patient is subject to a compulsory treatment order; and

(b) a short-term detention certificate is granted in respect of the patient.

(2) The compulsory treatment order shall cease to authorise the measures specified in it for the period during which the patient is subject to the short-term detention certificate.

Part 7 Compulsory treatment orders

Chapter 1 Application for, and making of, orders

Pre-application procedures

57 Mental health officer’s duty to apply for compulsory treatment order

(1) 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.

(2) 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.

(3) This subsection applies where each of the medical practitioners who carries out a medical examination mentioned in subsection (2) above is satisfied—

(a) that the patient has a mental disorder;

(b) that medical treatment which would be likely to—

(i) prevent the mental disorder worsening; or

(ii) alleviate any of the symptoms, or effects, of the disorder,

is available for the patient;

(c) that if the patient were not provided with such medical treatment there would be a significant risk—

(i) to the health, safety or welfare of the patient; or

(ii) to the safety of any other person;

(d) that because of the mental disorder the patient’s ability to make decisions about the provision of such medical treatment is significantly impaired; and

(e) that the making of a compulsory treatment order is necessary.

(4) This subsection applies where each of the medical practitioners who carries out a medical examination mentioned in subsection (2) above submits to the mental health officer a report (any such report being referred to in this Act as a “mental health report”)—

(a) stating that the medical practitioner submitting the report is satisfied that the conditions mentioned in paragraphs (a) to (e) of subsection (3) above are met in respect of the patient;

(b) stating, in relation to each of the conditions mentioned in paragraphs (b) to (e) of subsection (3) above, the medical practitioner’s reasons for believing the condition to be met in respect of the patient;

(c) specifying (by reference to the appropriate paragraph (or paragraphs) of the definition of “mental disorder” in section 328(1) of this Act) the type (or types) of mental disorder that the patient has;

(d) setting out a description of—

(i) the symptoms that the patient has of the mental disorder; and

(ii) the ways in which the patient is affected by the mental disorder;

(e) specifying the measures that should, in the medical practitioner’s opinion, be authorised by the compulsory treatment order;

(f) specifying the date or dates on which the medical practitioner carried out the medical examination mentioned in subsection (2) above; and

(g) setting out any other information that the medical practitioner considers to be relevant.

(5) This subsection applies where—

(a) for the purposes of subsection (4)(c) above each of the mental health reports specifies at least one type of mental disorder that is also specified in the other report;

(b) for the purposes of subsection (4)(e) above each of the mental health reports specifies the same measures; and

(c) one of the mental health reports (being a report by an approved medical practitioner) states the views of that medical practitioner as to—

(i) subject to subsection (6) below, whether notice should be given to the patient under section 60(1)(a) of this Act; and

(ii) whether the patient is capable of arranging for a person to represent the patient in connection with the application under section 63 of this Act.

(6) A medical practitioner may state the view that notice should not be given under section 60(1)(a) of this Act only if, in the opinion of that medical practitioner, the giving of notice would be likely to cause significant harm to the patient or any other person.

(7) Where a mental health officer is required by subsection (1) above to make an application for a compulsory treatment order, the mental health officer shall make the application before the expiry of the period of 14 days beginning with—

(a) in the case where each of the mental health reports specifies the same date (or dates) for the purposes of subsection (4)(f) above, that date (or the later, or latest, of those dates); or

(b) in the case where each of those reports specifies for those purposes a different date (or different dates), the later (or latest) of those dates.

58 Medical examination: requirements

(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

(b) subject to subsection (6) below, each such examination shall be carried out separately.

(3) Where the medical examinations are carried out separately, the second shall be completed no more than five days after the first.

(4) The patient’s general medical practitioner may carry out one of the medical examinations of the patient although not an approved medical practitioner.

(5) Except in circumstances specified in regulations, there must not be a conflict of interest in relation to the medical examination; and regulations shall specify the circumstances in which there is to be taken to be such a conflict of interest.

(6) The medical examinations need not be carried out separately if—

(a) where the patient is capable of consenting to the examinations, the patient consents to the examinations being carried out at the same time; or

(b) where the patient is incapable of consenting to the examinations—

(i) the patient’s named person;

(ii) any guardian of the patient; or

(iii) any welfare attorney of the patient,

consents to the examinations being carried out at the same time.

59 Mental health officer’s duty to identify named person

Where a mental health officer is required by 57(1) of this Act to make an application under section 63 of this Act in respect of a patient, the mental health officer shall, as soon as practicable after the duty to make the application arises, take such steps as are reasonably practicable to ascertain the name and address of the patient’s named person.

60 Application for compulsory treatment order: notification

(1) Where a mental health officer is required by section 57(1) of this Act to make an application under section 63 of this Act in respect of a patient, the mental health 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—

(a) subject to subsection (2) below, to the patient in respect of whom the application is to be made;

(b) to the patient’s named person; and

(c) to the Commission.

(2) If the view set out in one of the mental health reports by virtue of section 57(5)(c) of this Act is that notice should not be given under paragraph (a) of subsection (1) above, the mental health officer—

(a) need not give such notice; but

(b) may, if the mental health officer considers it appropriate to do so, give such notice.

61 Mental health officer’s duty to prepare report

(1) This section applies where a mental health officer is required by section 57(1) of this Act to make an application under section 63 of this Act in respect of a patient.

(2) The mental health officer shall, before the date on which, by virtue of section 57(7) of this Act, the application is to be made—

(a) subject to subsection (3) below, interview the patient;

(b) if the patient has not been given notice under section 60(1)(a) of this Act, inform the patient that the application is to be made;

(c) inform the patient of—

(i) the patient’s rights in relation to the application; and

(ii) the availability of independent advocacy services under section 259 of this Act;

(d) take appropriate steps to ensure that the patient has the opportunity of making use of those services; and

(e) prepare in relation to the patient a report in accordance with subsection (4) below.

(3) If it is impracticable for the mental health officer to comply with the requirement in subsection (2)(a) above, the mental health officer need not do so.

(4) The report shall state—

(a) the name and address of the patient;

(b) if known by the mental health officer, the name and address of—

(i) the patient’s named person; and

(ii) the patient’s primary carer;

(c) the steps that the mental health officer has taken in pursuance of the requirements imposed by subsection (2) above;

(d) if it was impracticable for the mental health officer to comply with the requirement in subsection (2)(a) above, the reason for that being the case;

(e) in so far as relevant for the purposes of the application, details of the personal circumstances of the patient;

(f) the mental health officer’s views on the mental health reports relating to the patient;

(g) if known by the mental health officer, details of any advance statement that the patient has made (and not withdrawn); and

(h) any other information that the mental health officer considers relevant to the determination by the Tribunal of the application.

62 Mental health officer’s duty to prepare proposed care plan

(1) This section applies where a mental health officer is required by section 57(1) of this Act to make an application under section 63 of this Act in respect of a patient.

(2) The mental health officer shall, before the date on which, by virtue of section 57(7) of this Act, the application is to be made, prepare a plan (a “proposed care plan”) relating to the patient.

(3) Before preparing the proposed care plan, the mental health officer shall consult—

(a) the medical practitioners who provided the mental health reports relating to the patient;

(b) subject to subsection (7) below, the persons mentioned in subsection (4) below; and

(c) such other persons as the mental health officer considers appropriate.

(4) The persons referred to in subsection (3)(b) above are persons who appear to the mental health officer to provide—

(a) medical treatment of the kind that it is proposed to specify, by virtue of paragraph (d) of subsection (5) below, in the proposed care plan;

(b) community care services, or relevant services, of the kind that it is proposed to specify, by virtue of paragraph (e) of that subsection, in that plan; or

(c) other treatment, care or services of the kind that it is proposed to specify, by virtue of paragraph (f) of that subsection, in that plan.

(5) The proposed care plan shall specify—

(a) (by reference to the appropriate paragraph (or paragraphs) of the definition of “mental disorder” in section 328(1) of this Act), the type (or types) of mental disorder which the patient has;

(b) the needs of the patient for medical treatment that have been assessed by the medical practitioners who submitted the mental health reports relating to the patient;

(c) in so far as relevant for the purposes of the application—

(i) where the patient is a child, the needs of the patient that have been assessed under section 23(3) of the Children (Scotland) Act 1995 (c. 36);

(ii) where the patient is not a child, the needs of the patient that have been assessed under section 12A(1)(a) of the Social Work (Scotland) Act 1968 (c. 49);

(d) the medical treatment which it is proposed to give to the patient in relation to each of the needs specified by virtue of paragraph (b) above (including the names of the persons who would give the treatment and the addresses at which the treatment would be given);

(e) any community care services or relevant services which it is proposed to provide to the patient in relation to each of the needs specified by virtue of paragraph (c) above (including the names of the persons who would provide such services and the addresses at which such services would be provided);

(f) in so far as relevant for the purposes of the application—

(i) any treatment or care (other than treatment or care specified, by virtue of paragraph (d) above, in the proposed care plan); or

(ii) any service (other than a service specified, by virtue of paragraph (e) above, in the proposed care plan),

which it is proposed to provide to the patient (including the names of the persons who would provide such treatment, care or service and the addresses at which such treatment, care or service would be provided);

(g) which of the measures mentioned in section 66(1) of this Act it is proposed that the compulsory treatment order should authorise;

(h) where it is proposed that the compulsory treatment order should authorise the detention of the patient in hospital, the name and address of the hospital;

(i) where it is proposed that the compulsory treatment order should authorise any of the measures mentioned in section 66(1)(c) to (h) of this Act, details of the measure (or measures);

(j) where it is proposed that the compulsory treatment order should specify—

(i) any medical treatment specified, by virtue of paragraph (d) above, in the proposed care plan;

(ii) any community care services, or relevant services, specified, by virtue of paragraph (e) above, in the proposed care plan; or

(iii) any treatment, care or service specified, by virtue of paragraph (f) above, in the proposed care plan,

that medical treatment, those services or that treatment, care, or service, as the case may be;

(k) where it is proposed that the compulsory treatment order should authorise measures other than the detention of the patient in hospital, the name of the hospital the managers of which should have responsibility for appointing the patient’s responsible medical officer; and

(l) the objectives of—

(i) the medical treatment which it is proposed, by virtue of paragraph (d) above, to give to the patient;

(ii) any community care services or relevant services which it is proposed, by virtue of paragraph (e) above, to provide to the patient;

(iii) any treatment, care or service which, by virtue of paragraph (f) above, it is proposed to provide to the patient; and

(iv) the measures (other than detention of the patient in hospital) that it is proposed that the compulsory treatment order should authorise.

(6) The proposed care plan shall be signed by the mental health officer.

(7) The mental health officer need not consult any person such as is mentioned in subsection (4) above in any case where it is impracticable to do so.

(8) In this section “child” has the same meaning as in section 23(3) of the Children (Scotland) Act 1995 (c. 36).

Application for order

63 Application for compulsory treatment order

(1) An application to the Tribunal for a compulsory treatment order may be made by, and only by, a mental health officer.

(2) An application—

(a) shall specify—

(i) the measures that are sought in relation to the patient in respect of whom the application is made;

(ii) any medical treatment, community care services, relevant services or other treatment, care or service specified in the proposed care plan by virtue of section 62(5)(j) of this Act; and

(iii) where it is proposed that the order should authorise measures other than the detention of the patient in hospital, the name of the hospital the managers of which should have responsibility for appointing the patient’s responsible medical officer; and

(b) shall be accompanied by the documents that are mentioned in subsection (3) below.

(3) Those documents are—

(a) the mental health reports;

(b) the report prepared under section 61 of this Act; and

(c) the proposed care plan,

relating to the patient.

Making of order etc.

64 Powers of Tribunal on application under section 63: compulsory treatment order

(1) This section applies where an application is made under section 63 of this Act.

(2) Before determining the application, the Tribunal shall afford 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 medical practitioners who submitted the mental health reports which accompany the application;

(g) if the patient has a responsible medical officer, that officer;

(h) the patient’s primary carer;

(i) any curator ad litem appointed in respect of the patient by the Tribunal; and

(j) any other person appearing to the Tribunal to have an interest in the application.

(4) The Tribunal may—

(a) if satisfied that all of the conditions mentioned in subsection (5) below are met, make an order—

(i) authorising, for the period of 6 months beginning with the day on which the order is made, such of the measures mentioned in section 66(1) of this Act as may be specified in the order;

(ii) specifying such medical treatment, community care services, relevant services, other treatment, care or service as the Tribunal considers appropriate (any such medical treatment, community care services, relevant services, other treatment, care or service so specified being referred to in this Act as a “recorded matter”);

(iii) recording (by reference to the appropriate paragraph (or paragraphs) of the definition of “mental disorder” in section 328(1) of this Act) the type (or types) of mental disorder that the patient has; and

(iv) if the order does not authorise the detention of the patient in hospital, specifying the name of the hospital the managers of which are to have responsibility for appointing the patient’s responsible medical officer; or

(b) refuse the application.

(5) The conditions referred to in subsection (4)(a) above are—

(a) that the patient has a mental disorder;

(b) that medical treatment which would be likely to—

(i) prevent the mental disorder worsening; or

(ii) alleviate any of the symptoms, or effects, of the disorder,

is available for the patient;

(c) that if the patient were not provided with such medical treatment there would be a significant risk—

(i) to the health, safety or welfare of the patient; or

(ii) to the safety of any other person;

(d) that because of the mental disorder the patient’s ability to make decisions about the provision of such medical treatment is significantly impaired;

(e) that the making of a compulsory treatment order in respect of the patient is necessary; and

(f) where the Tribunal does not consider it necessary for the patient to be detained in hospital, such other conditions as may be specified in regulations.

(6) Subject to subsection (7) below, an order under subsection (4)(a) above may, in addition to, or instead of, specifying some or all of the measures sought in the application to which the order relates, specify measures other than those set out in that application.

(7) The Tribunal may specify in the order under subsection (4)(a) above measures other than those set out in the application only if, before making the order—

(a) subject to subsection (8) below, the Tribunal gives notice to the persons mentioned in subsection (3) above—

(i) stating what it is proposing to do; and

(ii) setting out what those measures are;

(b) the Tribunal affords those persons the opportunity—

(i) of making representations (whether orally or in writing) in relation to the proposal; and

(ii) of leading, or producing, evidence.

(8) Where the duty under subsection (7)(a) above arises during a hearing of the application, notice need not be given under that subsection to any person mentioned in subsection (3) above who is present at the hearing.

(9) Before making regulations under subsection (5)(f) above, the Scottish Ministers shall consult such persons as they consider appropriate.

65 Powers of Tribunal on application under section 63: interim compulsory treatment order

(1) This section applies where an application is made under section 63 of this Act.

(2) Subject to subsections (3) and (4) below and to section 69 of this Act, on the application of any person having an interest in the proceedings, or ex proprio motu, the Tribunal may, if satisfied as to the matters mentioned in subsection (6) below, make an order (an “interim compulsory treatment order”)—

(a) authorising for such period not exceeding 28 days as may be specified in the order such of the measures mentioned in section 66(1) of this Act as may be so specified; and

(b) if the order does not authorise the detention of the patient in hospital, specifying the name of the hospital the managers of which are to have responsibility for appointing the patient’s responsible medical officer.

(3) The Tribunal may not make an interim compulsory treatment order if its effect, when taken with any other interim compulsory treatment order made in respect of the patient, would be to authorise measures in respect of the patient for a continuous period of more than 56 days.

(4) Before making an interim compulsory treatment order, the Tribunal shall afford the persons mentioned in subsection (5) below the opportunity—

(a) of making representations (whether orally or in writing); and

(b) of leading, or producing, evidence.

(5) Those persons are—

(a) the persons referred to in section 64(3)(a) to (e) and (g) to (i) of this Act;

(b) the medical practitioners who submitted the mental health reports which accompany the application under section 63 of this Act; and

(c) any other person appearing to the Tribunal to have an interest in that application.

(6) The matters referred to in subsection (2) above are—

(a) that the conditions mentioned in paragraphs (a) to (d) of section 64(5) of this Act are met in respect of the patient; and

(b) that it is necessary to make an interim compulsory treatment order.

66 Measures that may be authorised

(1) Subject to subsection (2) below, the measures referred to in sections 64(4)(a)(i) and 65(2)(a) of this Act are—

(a) the detention of the patient in the specified hospital;

(b) the giving to the patient, in accordance with Part 16 of this Act, of medical treatment;

(c) the imposition of a requirement on the patient to attend—

(i) on specified or directed dates; or

(ii) at specified or directed intervals,

specified or directed places with a view to receiving medical treatment;

(d) the imposition of a requirement on the patient to attend—

(i) on specified or directed dates; or

(ii) at specified or directed intervals,

specified or directed places with a view to receiving community care services, relevant services or any treatment, care or service;

(e) the imposition of a requirement on the patient to reside at a specified place;

(f) the imposition of a requirement on the patient to allow—

(i) the mental health officer;

(ii) the patient’s responsible medical officer; or

(iii) any person responsible for providing medical treatment, community care services, relevant services or any treatment, care or service to the patient who is authorised for the purposes of this paragraph by the patient’s responsible medical officer,

to visit the patient in the place where the patient resides;

(g) the imposition of a requirement on the patient to obtain the approval of the mental health officer to any proposed change of address; and

(h) the imposition of a requirement on the patient to inform the mental health officer of any change of address before the change takes effect.

(2) Regulations may make provision for measures prescribed by the regulations to be treated as included among the measures mentioned in subsection (1) above.

(3) In this section—

67 Order authorising detention: ancillary authorisation

(1) Where a compulsory treatment order or an interim compulsory treatment order—

(a) authorises the detention of a patient in a hospital specified in the order; or

(b) imposes a requirement on a patient to reside at a place specified in the order,

this section authorises the removal, before the expiry of the period of 7 days beginning with the appropriate day, of the patient in respect of whom the order is made to that hospital or, as the case may be, place.

(2) In subsection (1) above, “appropriate day” means the day on which—

(a) a compulsory treatment order or, as the case may be, an interim compulsory treatment order authorising detention of a patient in hospital is made; or

(b) a compulsory treatment order is varied so as to authorise the detention of a patient in the hospital specified in the order.

Extension of short-term detention: special case

68 Extension of short-term detention pending determination of application

(1) Where—

(a) the detention of a patient in hospital is authorised by—

(i) a short-term detention certificate; or

(ii) an extension certificate; and

(b) before the expiry of the period of detention so authorised, an application is made under section 63 of this Act,

the measures mentioned in subsection (2) below are authorised.

(2) Those measures are—

(a) the detention in hospital of the patient for the period of 5 days beginning with the expiry of the period for which the certificate authorises the detention of the patient in hospital; and

(b) the giving to the patient, in accordance with Part 16 of this Act, of medical treatment.

(3) In reckoning the period of days mentioned in subsection (2)(a) above, there shall be left out of account any day which is not a working day.

(4) In this section “working day” has the meaning given by section 47(8) of this Act.

Time limit for Tribunal’s determination: special case

69 Time limit for determining application etc. where section 68 applies

Where section 68 of this Act applies, the Tribunal shall, before the expiry of the period of 5 days referred to in section 68(2)(a) of this Act—

(a) determine whether an interim compulsory treatment order should be made; and

(b) if it determines that an interim compulsory treatment order should not be made, determine the application.

Effect of making of orders on short-term detention

70 Effect of subsequent order on short-term detention certificate

If a compulsory treatment order, or an interim compulsory treatment order, is made in respect of a patient who is in hospital under authority of a short-term detention certificate, the certificate shall, on the making of the order, be revoked.

Application of Chapter where patient subject to hospital direction or transfer for treatment direction

71 Application of Chapter where patient subject to hospital direction or transfer for treatment direction

Where a patient is subject to—

(a) a hospital direction; or

(b) a transfer for treatment direction,

this Chapter shall have effect in accordance with schedule 3 to this Act.

Chapter 2 Interim compulsory treatment orders: review and revocation

72 Interim compulsory treatment order: responsible medical officer’s duty to keep under review

(1) Where a patient is subject to an interim compulsory treatment order, the patient’s responsible medical officer shall from time to time consider—

(a) whether the conditions mentioned in paragraphs (a) to (d) of section 64(5) of this Act continue to apply in respect of the patient; and

(b) whether it continues to be necessary for the patient to be subject to an interim compulsory treatment order.

(2) If, having considered the matters mentioned in paragraphs (a) and (b) of subsection (1) above, the responsible medical officer is not satisfied—

(a) that the conditions mentioned in paragraphs (a) to (d) of section 64(5) of this Act continue to apply in respect of the patient; or

(b) that it continues to be necessary for the patient to be subject to an interim compulsory treatment order,

the responsible medical officer shall make a determination revoking the interim compulsory treatment order.

(3) A determination under this section shall be made as soon as practicable after the duty to make it arises.

73 Commission’s power to revoke interim compulsory treatment order

(1) This section applies where a patient is subject to an interim compulsory treatment order.

(2) If the Commission is satisfied—

(a) that not all of the conditions mentioned in paragraphs (a) to (d) of section 64(5) of this Act continue to apply in respect of the patient; or

(b) that it does not continue to be necessary for the patient to be subject to an interim compulsory treatment order,

the Commission may revoke the interim compulsory treatment order.

74 Revocation under section 72 or 73: notification

(1) Where a patient’s responsible medical officer makes a determination under section 72 of this Act, the responsible medical officer shall, as soon as practicable after doing so—

(a) give notice of the determination; and

(b) send a statement of the reasons for it,

to the Commission and to the persons mentioned in subsection (3) below.

(2) Where the Commission makes a determination under section 73 of this Act, it shall, as soon as practicable after doing so—

(a) give notice of the determination; and

(b) send a statement of the reasons for it,

to the patient’s responsible medical officer and to the persons mentioned in subsection (3) below.

(3) The persons referred to in subsections (1) and (2) above 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; and

(f) the Tribunal.

75 Effect of subsequent compulsory treatment order on interim compulsory treatment order

If a compulsory treatment order is made in respect of a patient who is subject to an interim compulsory treatment order, the interim compulsory treatment order shall, on the making of the compulsory treatment order, be revoked.

Chapter 3 Compulsory treatment orders: care plan

76 Care plan: preparation, placing in medical records etc.

(1) As soon as practicable after a patient’s responsible medical officer is appointed under section 230 of this Act, the responsible medical officer shall—

(a) prepare a plan (any such plan being referred to in this Act as a “care plan”) relating to the patient; and

(b) ensure that the patient’s care plan is included in the patient’s medical records.

(2) The care plan shall set out—

(a) the medical treatment—

(i) which it is proposed to give; and

(ii) which is being given,

to the patient while the patient is subject to the compulsory treatment order; and

(b) such other information relating to the care of the patient as may be prescribed by regulations.

(3) Subject to subsection (4)(b) below, a patient’s responsible medical officer may from time to time amend the patient’s care plan.

(4) Regulations may prescribe—

(a) circumstances in which a patient’s responsible medical officer is required to amend the patient’s care plan;

(b) information in a care plan which may not be amended.

(5) Where a patient’s responsible medical officer amends the patient’s care plan—

(a) the responsible medical officer shall ensure that, as soon as practicable after it is amended, the amended care plan is included in the patient’s medical records; and

(b) subsections (2) to (4) above and this subsection shall apply as if references to the care plan were references to the amended care plan.

Chapter 4 Review of orders

Mandatory reviews by responsible medical officer

77 First mandatory review

(1) This section applies where a compulsory treatment order is made in respect of a patient.

(2) The patient’s responsible medical officer shall, during the appropriate period, carry out a review in respect of the order (such review being referred to in this Part of this Act as the “first review”) by complying with the requirements in subsection (3) below.

(3) Those requirements are—

(a) to—

(i) carry out a medical examination of the patient; or

(ii) make arrangements for an approved medical practitioner to carry out such a medical examination;

(b) to consider—

(i) whether the conditions mentioned in paragraphs (a) to (d) of section 64(5) of this Act continue to apply in respect of the patient; and

(ii) whether it continues to be necessary for the patient to be subject to a compulsory treatment order; and

(c) to consult—

(i) the mental health officer;

(ii) such persons as are mentioned in subsection (4) below as the responsible medical officer considers appropriate; and

(iii) such other persons as the responsible medical officer considers appropriate.

(4) The persons referred to in subsection (3)(c)(ii) above are—

(a) persons who appear to the responsible medical officer to provide medical treatment of the kind that is set out in the patient’s care plan;

(b) if any community care services or relevant services are set out in that plan, persons who appear to the responsible medical officer to provide services of that kind;

(c) if any other treatment, care or service is set out in that plan, persons who appear to the responsible medical officer to provide treatment, care or a service of that kind.

(5) In subsection (2) above, “appropriate period” means the period of 2 months ending with the day on which the compulsory treatment order ceases to authorise the measures specified in it.

78 Further mandatory reviews

(1) This section applies where a compulsory treatment order is extended—

(a) by a determination under section 86 of this Act; or

(b) by virtue of an order under section 103 of this Act.

(2) The patient’s responsible medical officer shall, during the period mentioned in subsection (3) below, carry out a review in respect of the compulsory treatment order (such review being referred to in this Part of this Act as a “further review”) by complying with the requirements set out in section 77(3) of this Act.

(3) The period referred to in subsection (2) above is the period of 2 months ending with the day on which the compulsory treatment order as extended by the determination, or by virtue of the order under section 103 of this Act, ceases to authorise the measures specified in it.

Revocation of order by responsible medical officer or Commission

79 Responsible medical officer’s duty to revoke order: mandatory reviews

(1) This section applies where a patient’s responsible medical officer is carrying out—

(a) the first review of the compulsory treatment order to which the patient is subject; or

(b) a further review of that order.

(2) If, having regard to any views expressed by persons consulted under section 77(3)(c) of this Act for the purpose of the review being carried out, the responsible medical officer is not satisfied—

(a) that the conditions mentioned in paragraphs (a) to (d) of section 64(5) of this Act continue to apply in respect of the patient; or

(b) that it continues to be necessary for the patient to be subject to a compulsory treatment order,

the responsible medical officer shall make a determination revoking the compulsory treatment order.

(3) A determination under this section shall be made as soon as practicable after the duty to make it arises.

80 Revocation of order: responsible medical officer’s duty to keep under review

(1) This section applies where a patient is subject to a compulsory treatment order.

(2) Without prejudice to the duties imposed on the patient’s responsible medical officer by sections 77(2), 78(2), 79(2) and 93(2) of this Act, the responsible medical officer shall from time to time consider—

(a) whether the conditions mentioned in paragraphs (a) to (d) of section 64(5) of this Act continue to apply in respect of the patient; and

(b) whether it continues to be necessary for the patient to be subject to a compulsory treatment order.

(3) If, having considered the matters mentioned in paragraphs (a) and (b) of subsection (2) above, the responsible medical officer is not satisfied—

(a) that the conditions mentioned in paragraphs (a) to (d) of section 64(5) of this Act continue to apply in respect of the patient; or

(b) that it continues to be necessary for the patient to be subject to a compulsory treatment order,

the responsible medical officer shall make a determination revoking the compulsory treatment order.

(4) A determination under this section shall be made as soon as practicable after the duty to make it arises.

81 Commission’s power to revoke order

(1) This section applies where a patient is subject to a compulsory treatment order.

(2) If the Commission is satisfied—

(a) that not all of the conditions mentioned in paragraphs (a) to (d) of section 64(5) of this Act continue to apply in respect of the patient; or

(b) that it does not continue to be necessary for the patient to be subject to a compulsory treatment order,

it may make a determination revoking the compulsory treatment order.

82 Revocation of order: notification

(1) Where a patient’s responsible medical officer makes a determination under section 79 or 80 of this Act, that officer shall—

(a) give notice of the determination; and

(b) send a statement of the reasons for it,

to the Commission and to the persons mentioned in subsection (3) below.

(2) Where the Commission makes a determination under section 81 of this Act, it shall—

(a) give notice of the determination; and

(b) send a statement of the reasons for it,

to the patient’s responsible medical officer and to the persons mentioned in subsection (3) below.

(3) The persons referred to in subsections (1) and (2) above 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; and

(f) the Tribunal.

(4) Notice under subsection (1) or (2) above—

(a) to the persons mentioned in paragraphs (a) to (d) of subsection (3) above shall be given as soon as practicable after the determination is made and, in any event, before the expiry of the period of 7 days beginning with the day on which the determination is made; and

(b) to—

(i) the Commission;

(ii) the patient’s responsible medical officer; and

(iii) the persons mentioned in paragraphs (e) and (f) of that subsection,

shall be given before the expiry of the period of 7 days beginning with the day on which the determination is made.

Further steps to be taken where order not revoked

83 Mandatory reviews: further steps to be taken where order not revoked

(1) This section applies where a patient’s responsible medical officer is carrying out—

(a) the first review of the compulsory treatment order to which the patient is subject; or

(b) a further review of that order.

(2) If, having regard to any views expressed by persons consulted under section 77(3)(c) of this Act for the purpose of the review being carried out, the patient’s responsible medical officer is satisfied—

(a) that the conditions mentioned in paragraphs (a) to (d) of section 64(5) of this Act continue to apply in respect of the patient; and

(b) that it continues to be necessary for the patient to be subject to a compulsory treatment order,

the responsible medical officer shall comply with the requirements in subsection (3) below.

(3) Those requirements are—

(a) to consider whether it will continue to be necessary for the patient to be subject to a compulsory treatment order after the day on which the order to which the patient is subject will cease (unless extended) to authorise the measures specified in it;

(b) to assess the needs of the patient for medical treatment;

(c) to consider—

(i) whether the compulsory treatment order should be varied by modifying the measures, or any recorded matter, specified in it; and

(ii) if the order should be varied, what modification is appropriate;

(d) to consider any views expressed on the matters mentioned in paragraphs (a) to (c) above by persons consulted under section 77(3)(c) of this Act.

Extension of order by responsible medical officer

84 Responsible medical officer’s duty where extension of order appears appropriate

(1) This section applies where a patient’s responsible medical officer is carrying out—

(a) the first review of the compulsory treatment order to which the patient is subject; or

(b) a further review of that order.

(2) If, having regard to any views expressed by persons consulted under section 77(3)(c) of this Act for the purpose of the review being carried out, it appears to the responsible medical officer—

(a) that it will continue to be necessary for the patient to be subject to a compulsory treatment order after the day on which the order will cease (unless extended) to authorise the measures specified in it; and

(b) that the order should not be varied by modifying the measures, or any recorded matter, specified in it,

the responsible medical officer shall give notice to the mental health officer that the responsible medical officer is proposing to make a determination under section 86 of this Act extending the order.

85 Mental health officer’s duties: extension of order

(1) The mental health officer shall, as soon as practicable after receiving notice under section 84(2) of this Act, comply with the requirements in subsection (2) below.

(2) Those requirements are—

(a) subject to subsection (3) below, to interview the patient;

(b) to inform the patient—

(i) that the patient’s responsible medical officer is proposing to make a determination under section 86 of this Act extending the compulsory treatment order to which the patient is subject for the period mentioned in section 86(2) of this Act;

(ii) of the patient’s rights in relation to such a determination; and

(iii) of the availability of independent advocacy services under section 259 of this Act;

(c) to take appropriate steps to ensure that the patient has the opportunity of making use of those services; and

(d) to inform the patient’s responsible medical officer—

(i) of whether the mental health officer agrees, or disagrees, that the determination that is proposed should be made;

(ii) if the mental health officer disagrees, of the reason why that is the case; and

(iii) of any other matters that the mental health officer considers relevant.

(3) If it is impracticable for the mental health officer to comply with the requirement in subsection (2)(a) above, the mental health officer need not do so.

86 Responsible medical officer’s duty to extend order

(1) If, having regard to—

(a) any views expressed by persons consulted under section 77(3)(c) of this Act for the purpose of the review being carried out; and

(b) any views expressed by the mental health officer under section 85(2)(d) of this Act for the purpose of that review,

the responsible medical officer is satisfied as to the matters mentioned in section 84(2)(a) and (b) of this Act, the responsible medical officer shall make a determination extending the compulsory treatment order for the period mentioned in subsection (2) below.

(2) The period referred to in subsection (1) above is—

(a) where a determination is made in respect of the first review, the period of 6 months beginning with the day on which the compulsory treatment order will cease (unless extended) to authorise the measures specified in it;

(b) where a determination is made in respect of the first further review, the period of 12 months beginning with the expiry of the period mentioned in paragraph (a) above;

(c) where a determination is made in respect of a subsequent further review, the period of 12 months beginning with the expiry of the period of 12 months for which the order is extended as a result of the immediately preceding further review.

87 Determination extending order: notification etc.

(1) Where a patient’s responsible medical officer makes a determination under section 86 of this Act, that officer shall, as soon as practicable after the determination is made and, in any event, before the day on which the compulsory treatment order will cease, if it is not extended by the determination, to authorise the measures specified in it, comply with the requirements in subsection (2) below.

(2) Those requirements are—

(a) to prepare a record stating—

(i) the determination;

(ii) the reasons for it;

(iii) whether the mental health officer agrees, or disagrees, with the determination or has failed to comply with the duty imposed by section 85(2)(d)(i) of this Act;

(iv) if the mental health officer disagrees with the determination, the reasons for the disagreement;

(v) (by reference to the appropriate paragraph (or paragraphs) of the definition of “mental disorder” in section 328(1) of this Act) the type (or types) of mental disorder that the patient has; and if there is a difference between that type (or types) and the type (or types) of mental disorder recorded in the compulsory treatment order in respect of which the determination is made, what that difference is; and

(vi) such other matters as may be prescribed by regulations;

(b) to submit the record to the Tribunal; and

(c) at the same time as the responsible medical officer submits the record to the Tribunal, to give notice of the determination and send a copy of the record—

(i) subject to subsection (3) below, to the patient;

(ii) to the patient’s named person;

(iii) to the mental health officer; and

(iv) to the Commission.

(3) If the responsible medical officer considers that there would be a risk of significant harm to the patient, or to others, if a copy of the record were sent to the patient, that officer need not send a copy to the patient.

(4) At the same time as the responsible medical officer submits the record to the Tribunal, that officer shall send to the Tribunal, and to the persons mentioned in subsection (2)(c)(ii) to (iv) above, a statement of the matters mentioned in subsection (5) below.

(5) Those matters are—

(a) whether the responsible medical officer is sending a copy of the record to the patient; and

(b) if the responsible medical officer is not sending a copy of the record to the patient, the reason for not doing so.

Extension and variation of order: application by responsible medical officer

88 Responsible medical officer’s duty where extension and variation of order appear appropriate

(1) This section applies where a patient’s responsible medical officer is carrying out—

(a) the first review of the compulsory treatment order to which the patient is subject; or

(b) a further review of that order.

(2) If, having regard to any views expressed by persons consulted under section 77(3)(c) of this Act for the purpose of the review being carried out, it appears to the responsible medical officer—

(a) that it will continue to be necessary for the patient to be subject to a compulsory treatment order after the day on which the order will cease (unless extended) to authorise the measures specified in it; but

(b) that the order should be varied by modifying the measures, or any recorded matter, specified in it,

the responsible medical officer shall comply with the requirement in subsection (3) below.

(3) That requirement is to give notice to the mental health officer—

(a) that the responsible medical officer is proposing to make an application to the Tribunal under section 92 of this Act for an order under section 103 of this Act—

(i) extending the compulsory treatment order for the period mentioned in subsection (4) below; and

(ii) varying that order by modifying the measures, or a recorded matter, specified in it; and

(b) of the modification of the measures, or any recorded matter, specified in that order that the responsible medical officer is proposing.

(4) The period referred to in subsection (3) above is—

(a) where the application is made in respect of the first review, the period of 6 months beginning with the day on which the compulsory treatment order will (unless extended) cease to authorise the measures specified in it;

(b) where the application is made in respect of the first further review, the period of 12 months beginning with the expiry of the period mentioned in paragraph (a) above;

(c) where the application is made in respect of a subsequent further review, the period of 12 months beginning with the expiry of the period of 12 months for which the order is extended as a result of the immediately preceding further review.

89 Mental health officer’s duties: extension and variation of order

(1) The mental health officer shall, as soon as practicable after receiving notice under section 88(3) of this Act, comply with the requirements in subsection (2) below.

(2) Those requirements are—

(a) subject to subsection (3) below, to interview the patient;

(b) to inform the patient of the matters mentioned in subsection (4) below;

(c) to inform the patient of the availability of independent advocacy services under section 259 of this Act;

(d) to take appropriate steps to ensure that the patient has the opportunity of making use of those services; and

(e) to inform the patient’s responsible medical officer—

(i) of whether the mental health officer agrees, or disagrees, that the application that is proposed should be made;

(ii) if the mental health officer disagrees, of the reason why that is the case; and

(iii) of any other matters that the mental health officer considers relevant.

(3) If it is impracticable for the mental health officer to comply with the requirement in subsection (2)(a) above, the mental health officer need not do so.

(4) The matters referred to in subsection (2)(b) above are—

(a) that the patient’s responsible medical officer is proposing to make an application to the Tribunal under section 92 of this Act for an order—

(i) extending the compulsory treatment order to which the patient is subject for the period mentioned in section 88(4) of this Act; and

(ii) varying the compulsory treatment order by modifying the measures or a recorded matter specified in it;

(b) the modification of the measures or any recorded matter specified in that order that the responsible medical officer is proposing; and

(c) the patient’s rights in relation to such an application.

90 Responsible medical officer’s duty to apply for extension and variation of order

(1) If, having regard to—

(a) any views expressed by persons consulted under section 77(3)(c) of this Act for the purpose of the review being carried out; and

(b) any views expressed by the mental health officer under section 89(2)(e) of this Act for the purpose of that review,

the responsible medical officer is satisfied as to the matters mentioned in section 88(2)(a) and (b) of this Act, the responsible medical officer shall comply with the requirement in subsection (2) below.

(2) That requirement is to make an application to the Tribunal under section 92 of this Act for an order—

(a) extending the compulsory treatment order for the period mentioned in section 88(4) of this Act; and

(b) varying that order by modifying the measures, or a recorded matter, specified in it.

(3) An application made under section 92 of this Act, by virtue of subsection (1) above, for an order mentioned in subsection (2) above shall be made as soon as practicable after the duty to make it arises.

91 Application for extension and variation of order: notification

Where, by virtue of section 90(1) of this Act, an application is to be made under section 92 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—

(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; and

(f) the Commission.

92 Application to Tribunal

An application under this section to the Tribunal by a patient’s responsible medical officer for an order extending and varying a compulsory treatment 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, or any recorded matter, specified in the compulsory treatment order that is proposed by the responsible medical officer;

(iv) the reasons for seeking that modification;

(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 89(2)(e)(i) of this Act; and

(vi) if the mental health officer disagrees, the reason for that disagreement; and

(b) shall be accompanied by such documents as may be prescribed by regulations.

Variation of order: application by responsible medical officer

93 Responsible medical officer’s duties: variation of order

(1) This section applies where a patient is subject to a compulsory treatment order.

(2) Without prejudice to the duties imposed on the patient’s responsible medical officer by sections 77(2), 78(2) and 83(2) of this Act, the responsible medical officer shall from time to time consider whether the compulsory treatment order should be varied by modifying the measures, or any recorded matter, specified in it.

(3) If it appears to the responsible medical officer that the compulsory treatment order should be varied as mentioned in subsection (2) above, 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, or any recorded matter, specified in the compulsory treatment order is appropriate;

(c) to consult—

(i) the mental health officer; and

(ii) such 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 compulsory treatment order should be varied as mentioned in subsection (2) above, the responsible medical officer shall make an application to the Tribunal under section 95 of this Act for an order under section 103 of this Act varying the compulsory treatment order in that way.

(6) An application made under section 95 of this Act, by virtue of subsection (5) above, for an order mentioned in that subsection shall be made as soon as practicable after the duty to make it arises.

94 Application by responsible medical officer for variation of order: notification

Where, by virtue of section 93(5) of this Act, an application is to be made under section 95 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 91(a) to (f) of this Act.

95 Application to Tribunal by responsible medical officer

An application under this section to the Tribunal by a patient’s responsible medical officer for an order varying a compulsory treatment order—

(a) shall state the matters mentioned in section 92(a)(i) to (vi) of this Act; and

(b) shall be accompanied by such documents as may be prescribed by regulations.

Recorded matters: reference to Tribunal by responsible medical officer

96 Recorded matters: reference to Tribunal by responsible medical officer

(1) This section applies where a patient is subject to a compulsory treatment order which specifies one or more recorded matters.

(2) Without prejudice to the duties imposed on the patient’s responsible medical officer by sections 77(2), 78(2) and 83(2) of this Act and subject to subsection (6) below, if it appears to the responsible medical officer that any recorded matter specified in the compulsory treatment order is not being provided, the responsible medical officer shall, as soon as practicable, consult—

(a) the mental health officer; and

(b) such other persons as the responsible medical officer considers appropriate.

(3) If, having regard to any views expressed by persons consulted under subsection (2) above, the responsible medical officer is satisfied that a recorded matter specified in the compulsory treatment order is not being provided, the responsible medical officer shall make a reference to the Tribunal.

(4) A reference under subsection (3) above—

(a) shall state—

(i) the name and address of the patient;

(ii) the name and address of the patient’s named person; and

(iii) the reason for making the reference; and

(b) shall be accompanied by such documents as may be prescribed by regulations.

(5) A reference under subsection (3) above shall be made as soon as practicable after the duty to make it arises.

(6) Subsections (2) to (5) above do not apply where—

(a) the responsible medical officer is required, by virtue of section 79 or 80 of this Act, to revoke the compulsory treatment order; or

(b) the responsible medical officer is making an application under section 92 or 95 of this Act in respect of the compulsory treatment order.

97 Reference to Tribunal under section 96(3): notification

Where a patient’s responsible medical officer is required by section 96(3) of this Act to make a reference to the Tribunal, the responsible medical officer shall, as soon as practicable after the duty to make the reference arises, give notice that the reference is to be made to the persons mentioned in section 91(a) to (f) of this Act.

Reference to Tribunal by Commission

98 Reference to Tribunal by Commission

(1) This section applies where a patient is subject to a compulsory treatment 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 compulsory treatment 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 91(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.

Applications by patient etc.

99 Application by patient etc. for revocation of determination extending order

(1) Where a patient’s responsible medical officer makes a determination under section 86 of this Act, subject to subsection (3) below, either of the persons mentioned in subsection (2) below may make an application under this section to the Tribunal for an order under section 103 of this Act revoking the determination.

(2) Those persons are—

(a) the patient;