PART 7 continued CHAPTER 5 continued
(1) Subsection (2) below applies where—
(a) a patient who is subject to an order such as is mentioned in subsection (1)(a)(ii) of section 113 of this Act is detained in hospital by virtue of subsection (5) of that section;
(b) the patient has been examined under subsection (6) of that section;
(c) the patient’s responsible medical officer considers that if the patient does not continue to be detained in hospital it is reasonably likely that there will be a significant deterioration in the patient’s mental health; and
(d) on the expiry of the period of detention authorised by subsection (5) of that section the period for which the order authorises the measures specified in it will not have expired.
(2) Subject to subsections (3) and (4) below, the responsible medical officer may grant a certificate authorising the continued detention in hospital of the patient for the period beginning with the granting of the certificate and ending with the expiry of the period for which the order authorises the measures specified in it.
(3) The power in subsection (2) above may be exercised only if—
(a) the patient’s responsible medical officer has consulted a mental health officer; and
(b) the mental health officer consents to the power being exercised.
(4) Before granting a certificate the responsible medical officer shall, if it is practicable to do so, consult the patient’s named person.
(5) A certificate under subsection (2) above—
(a) shall state the responsible medical officer’s reasons for believing that subsection (1)(c) above applies in the patient’s case; and
(b) shall be signed by the responsible medical officer.
(1) This section applies where a certificate is granted under section 114(2) or 115(2) of this Act in respect of a patient.
(2) The managers of the hospital in which the patient is detained shall, as soon as practicable after the granting of the 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 in which the patient is detained shall, before the expiry of the period of 7 days beginning with the granting of the certificate, give notice of its granting, and send a copy of it, to—
(a) the Tribunal; and
(b) the Commission.
(1) Where—
(a) a patient’s responsible medical officer grants, by virtue of subsection (1)(c)(i) of section 114 of this Act, a certificate under subsection (2) of that section; and
(b) the responsible medical officer determines that the order should not be varied as mentioned in section 93(2) of this Act,
the responsible medical officer shall revoke the certificate.
(2) Where—
(a) a patient’s responsible medical officer grants, by virtue of subsection (1)(c)(ii) of section 114 of this Act, a certificate under subsection (2) of that section; and
(b) the responsible medical officer is not satisfied that if the patient does not continue to be detained in hospital it is reasonably likely that there will be a significant deterioration in the patient’s mental health,
the responsible medical officer shall revoke the certificate.
Where—
(a) a patient’s responsible medical officer grants a certificate under section 115(2) of this Act; and
(b) the responsible medical officer is not satisfied that if the patient does not continue to be detained in hospital it is reasonably likely that there will be a significant deterioration in the patient’s mental health,
the responsible medical officer shall revoke the certificate.
Where a patient’s responsible medical officer revokes, under section 117 or 118 of this Act, a certificate, the responsible medical officer shall—
(a) as soon as practicable after the revocation, give notice of the revocation to the persons mentioned in subsection (2) of section 116 of this Act; and
(b) before the expiry of the period of 7 days beginning with the revocation, give notice of the revocation to the persons mentioned in subsection (3) of that section.
(1) This section applies where a certificate is granted under section 114(2) or 115(2) of this Act in respect of a patient.
(2) On the application of the patient or the patient’s named person, the Tribunal shall, if not satisfied that if the patient does not continue to be detained in hospital it is reasonably likely that there will be a significant deterioration in the patient’s mental health, revoke the certificate.
(1) Subject to subsection (2) below, where a patient is detained in hospital under section 113(5) of this Act, the compulsory treatment order or, as the case may be, interim compulsory treatment order to which the patient is subject shall cease, during the period mentioned in that section, to authorise the measures specified in it.
(2) If the measure mentioned in section 66(1)(b) of this Act is specified in the order, the order shall continue to authorise that measure during the period referred to in subsection (1) above.
(1) Subject to subsection (2) below, where a certificate is granted under section 114(2) of this Act in respect of a patient, the compulsory treatment order to which the patient is subject shall cease, during the period mentioned in that section, to authorise the measures specified in it.
(2) If the measure mentioned in section 66(1)(b) of this Act is specified in the order, the order shall continue to authorise that measure during the period referred to in subsection (1) above.
(1) Subject to subsection (2) below, where a certificate is granted under section 115(2) of this Act in respect of a patient, the interim compulsory treatment order to which the patient is subject shall cease, during the period mentioned in that section, to authorise the measures specified in it.
(2) If the measure mentioned in section 66(1)(b) of this Act is specified in the order, the order shall continue to authorise that measure during the period referred to in subsection (1) above.
(1) This section applies where the detention of a patient in hospital is authorised by a compulsory treatment order.
(2) The managers of the hospital in which the patient is detained may, where the condition mentioned in subsection (3) below is satisfied, transfer the patient to another hospital.
(3) The condition is that the managers of the hospital to which it is proposed to transfer the patient consent to the transfer.
(4) Where the managers of a hospital propose to transfer the patient under subsection (2) above, they shall, subject to subsections (5) and (7) below, give the persons mentioned in subsection (8) below at least 7 days' notice of the transfer.
(5) The managers of a hospital need not give notice under subsection (4) above where it is necessary that the patient be transferred urgently.
(6) Where, by virtue of subsection (5) above, notice is not given under subsection (4) above, the managers of the hospital shall, subject to subsection (7) below, give the persons mentioned in subsection (8) below notice—
(a) where the proposed transfer has not taken place, of the proposed transfer; or
(b) where the transfer has taken place, of the transfer,
as soon as practicable before, on or, as the case may be, after the transfer.
(7) The managers of the hospital need not give notice to the patient under subsection (4) or, as the case may be, (6) above where the patient consents to the transfer.
(8) The persons referred to in subsections (4) and (6) above are—
(a) the patient;
(b) the patient’s named person; and
(c) the patient’s primary carer.
(9) Where—
(a) notice is given under subsection (4) or (6)(a) above of a proposed transfer under subsection (2) above; and
(b) the proposed transfer does not take place before the end of the period of 3 months beginning with the day on which notice is given,
the managers of the hospital may transfer the patient as proposed only if subsection (10) below applies.
(10) This subsection applies where—
(a) the condition mentioned in subsection (3) above continues to be satisfied; and
(b) the persons mentioned in subsection (8) above are given at least 7 days' notice of the proposed transfer.
(11) Subsections (5) to (7) above shall apply to the giving of notice under subsection (10)(b) above as they apply to the giving of notice under subsection (4) above.
(12) Where the patient is transferred under subsection (2) above, the managers of the hospital from which the patient is transferred shall, before the expiry of the period of 7 days beginning with the transfer, give notice to the Commission of the matters mentioned in subsection (13) below.
(13) Those matters are—
(a) the date on which the patient was transferred;
(b) the hospital to which the patient was transferred;
(c) that—
(i) notice was given under subsection (4) above; or
(ii) if no such notice was given, the reasons why it was necessary that the patient be transferred urgently; and
(d) whether notice was given under subsection (6) or (10)(b) above.
(14) Where the patient is transferred under subsection (2) above, the compulsory treatment order shall, for the purposes of this Act (other than sections 125 and 126), be taken to specify the hospital to which the patient is transferred.
(1) This section applies where a patient—
(a) receives notice under subsection (4), (6)(a) or (10)(b) of section 124 of this Act that it is proposed to transfer the patient; or
(b) is transferred under subsection (2) of that section,
to any hospital other than a state hospital.
(2) The patient, or the patient’s named person, may, during the period mentioned in subsection (3) below, appeal to the Tribunal against the proposed transfer or, as the case may be, the transfer.
(3) That period is—
(a) in the case of the patient—
(i) where notice is given to the patient before the proposed transfer, the period beginning with the day on which notice is given and ending 28 days after the transfer;
(ii) where notice is given to the patient on or after the transfer, the period beginning with the day on which the patient is transferred and ending 28 days after the day on which notice is given; or
(iii) where notice is not given to the patient, the period of 28 days beginning with the day on which the patient is transferred;
(b) in the case of the patient’s named person—
(i) where notice is given to the patient’s named person before the proposed transfer, the period beginning with the day on which notice is given and ending 28 days after the transfer; or
(ii) where notice is given to the patient’s named person on or after the transfer, the period of 28 days beginning with the day on which notice is given.
(4) If, when an appeal under subsection (2) above against a proposed transfer is made to the Tribunal, the proposed transfer has not taken place—
(a) the managers of the hospital shall not transfer the patient as proposed; but
(b) the Tribunal may, if satisfied that, pending the determination of the appeal, the patient should be transferred as proposed, make an order that the patient be so transferred.
(5) On an appeal under subsection (2) above, the Tribunal may make an order that the proposed transfer not take place or, as the case may be, that the patient be returned to the hospital from which the patient was transferred.
(1) This section applies where a patient—
(a) receives notice under subsection (4), (6)(a) or (10)(b) of section 124 of this Act that it is proposed to transfer the patient; or
(b) is transferred under subsection (2) of that section,
to a state hospital.
(2) The patient, or the patient’s named person, may, during the period mentioned in subsection (3) below, appeal to the Tribunal against the proposed transfer or, as the case may be, the transfer.
(3) That period is—
(a) in the case of the patient—
(i) where notice is given to the patient before the proposed transfer, the period beginning with the day on which notice is given and ending 12 weeks after the transfer;
(ii) where notice is given to the patient on or after the transfer, the period beginning with the day on which the patient is transferred and ending 12 weeks after the day on which notice is given; or
(iii) where notice is not given to the patient, the period of 12 weeks beginning with the day on which the patient is transferred;
(b) in the case of the patient’s named person—
(i) where notice is given to the patient’s named person before the proposed transfer, the period beginning with the day on which notice is given and ending 12 weeks after the transfer; or
(ii) where notice is given to the patient’s named person on or after the transfer, the period of 12 weeks beginning with the day on which notice is given.
(4) If, when an appeal under subsection (2) above against a proposed transfer is made to the Tribunal, the proposed transfer has not taken place—
(a) the managers of the hospital shall not transfer the patient as proposed; but
(b) the Tribunal may, if satisfied that, pending determination of the appeal, the patient should be transferred as proposed, make an order that the patient be so transferred.
(5) On an appeal under subsection (2) above, the Tribunal may, if not satisfied as to the matter mentioned in subsection (6) below, make an order that the proposed transfer not take place or, as the case may be, that the patient be returned to the hospital from which the patient was transferred.
(6) That matter is—
(a) that the patient requires to be detained in hospital under conditions of special security; and
(b) that those conditions of special security can be provided only in a state hospital.
(1) Where—
(a) a patient is subject to a compulsory treatment order that authorises the measure mentioned in section 66(1)(a) of this Act; and
(b) subject to subsection (2) below, the patient’s responsible medical officer grants a certificate specifying a period not exceeding 6 months during which the order shall not authorise that measure,
the order does not authorise that measure during that period.
(2) If the sum of—
(a) the period that the responsible medical officer proposes to specify in a certificate under subsection (1) above; and
(b) the period specified in any other certificate granted under that subsection in respect of the same patient,
would exceed 9 months in the period of 12 months ending with the expiry of the period mentioned in paragraph (a) above, the responsible medical officer may not grant a certificate under that subsection.
(3) Where—
(a) a patient is subject to an interim compulsory treatment order that authorises the measure mentioned in section 66(1)(a) of this Act; and
(b) the patient’s responsible medical officer grants a certificate specifying a period during which the order shall not authorise that measure,
the order does not authorise that measure during that period.
(4) A period specified in a certificate under subsection (1) or (3) 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.
(5) 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 under subsection (1) or (3) above may include conditions such as are mentioned in subsection (6) below; and any such conditions shall have effect.
(6) 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 patient’s responsible medical officer; and
(b) such other conditions as may be specified by the patient’s responsible medical officer.
(7) Where a patient’s responsible medical officer proposes to grant a certificate under subsection (1) above specifying—
(a) a period of more than 28 days; or
(b) a period which, when taken together with the period specified in any other certificate granted under that subsection, would exceed 28 days,
the responsible medical officer shall, before granting such a certificate, give notice of the proposal to the persons mentioned in subsection (8) below.
(8) Those persons are—
(a) the patient;
(b) the patient’s named person;
(c) the patient’s general medical practitioner; and
(d) the mental health officer.
(9) Where a certificate is granted under subsection (1) above specifying a period of more than 28 days, the patient’s responsible medical officer shall, before the expiry of the period of 14 days beginning with the day on which the certificate is granted, give notice of it to the Commission.
(1) Where—
(a) a patient is subject to a compulsory treatment order that authorises any of the measures mentioned in section 66(1)(b) to (h) of this Act; and
(b) subject to subsection (2) below, the patient’s responsible medical officer grants a certificate specifying a period not exceeding 3 months during which the order shall not authorise such of those measures as are specified in the certificate,
the order does not authorise the measures specified in the certificate during that period.
(2) If the sum of—
(a) the period that the responsible medical officer proposes to specify in a certificate under subsection (1) above; and
(b) the period specified in any other certificate granted under that subsection in respect of the same patient,
would exceed 3 months, the responsible medical officer may not grant a certificate under that subsection.
(3) Where a patient’s responsible medical officer proposes to grant a certificate under subsection (1) above, the responsible medical officer shall, before granting such a certificate, give notice to the persons mentioned in subsection (4) below of—
(a) the measures and the period that the responsible medical officer proposes to specify in the certificate; and
(b) the responsible medical officer’s reasons for proposing to specify those measures.
(4) Those persons are—
(a) the patient;
(b) the patient’s named person; and
(c) the mental health officer.
(5) Where a certificate is granted under subsection (1) above, the patient’s responsible medical officer shall, before the expiry of the period of 14 days beginning with the day on which the certificate is granted, give notice to the Commission of—
(a) the granting of the certificate;
(b) the measures and the period specified in the certificate; and
(c) the responsible medical officer’s reasons for specifying those measures.
(1) Subsection (2) below applies where a certificate is granted under section 127(1) or (3) or 128(1) of this Act.
(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 the responsible medical officer revokes under subsection (2) above a certificate granted under subsection (1) or (3) of section 127 of this Act, the responsible medical officer shall, as soon as practicable after the revocation, give notice of it to—
(a) the patient;
(b) the patient’s named person;
(c) the mental health officer;
(d) where a person is authorised for the purposes of subsection (6)(a) of that section, that person; and
(e) the patient’s general medical practitioner.
(4) Where the responsible medical officer revokes under subsection (2) above a certificate granted under section 128(1) of this Act, the responsible medical officer shall, as soon as practicable after the revocation, give notice to the persons mentioned in paragraphs (a) to (c) of subsection (3) above of—
(a) the revocation; and
(b) the responsible medical officer’s reasons for revoking the certificate.
(5) Where the responsible medical officer revokes under subsection (2) above a certificate granted under section 127(1) or (3) or 128(1) of this Act, the responsible medical officer shall, before the expiry of the period of 14 days beginning with the day on which the certificate is revoked, give notice of the revocation to the Commission.