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Mental Health (Scotland) Act 2015

Consolidated Text As Enacted Cited authorities 66 Cited in Amendments 113 Related
JurisdictionScotland
Citation2015 asp 9
Year2015
(1) The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.(2) In section 64 (powers of Tribunal on application under section 63: compulsory treatment order) , after subsection (8) there is inserted—
  • “(8A) If the patient has been detained in hospital by virtue of section 47(4) (a) or 68(2) (a) of this Act in connection with the application by virtue of which this section applies, the 6 months referred to in subsection (4) (a) (i) above is to be regarded as reduced by the period during which the patient has been so detained under that section.
  • (8B) Subsection (8A) above is of no effect if the patient has been detained in hospital in accordance with an interim compulsory treatment order made in connection with the application by virtue of which this section applies.
.If the patient has been detained in hospital by virtue of section 47(4) (a) or 68(2) (a) of this Act in connection with the application by virtue of which this section applies, the 6 months referred to in subsection (4) (a) (i) above is to be regarded as reduced by the period during which the patient has been so detained under that section.Subsection (8A) above is of no effect if the patient has been detained in hospital in accordance with an interim compulsory treatment order made in connection with the application by virtue of which this section applies.(3) In section 65 (powers of Tribunal on application under section 63: interim compulsory treatment order) , after subsection (6) there is inserted—
  • “(7) If the patient has been detained in hospital by virtue of section 47(4) (a) or 68(2) (a) of this Act in connection with the application by virtue of which this section applies, the 56 days referred to in subsection (3) above is to be regarded as reduced by the period during which the patient has been so detained under that section.
.If the patient has been detained in hospital by virtue of section 47(4) (a) or 68(2) (a) of this Act in connection with the application by virtue of which this section applies, the 56 days referred to in subsection (3) above is to be regarded as reduced by the period during which the patient has been so detained under that section.(1) The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.(2) After section 87 there is inserted—
    (87A) Further information where order extended
  • “(1) Subsections (2) and (3) below apply where—
  • (a) a mental health officer receives notice of a determination under section 86 of this Act from a patient's responsible medical officer, and
  • (b) the Tribunal is required by virtue of section 101(2) (a) of this Act to review the determination.
a mental health officer receives notice of a determination under section 86 of this Act from a patient's responsible medical officer, andthe Tribunal is required by virtue of section 101(2) (a) of this Act to review the determination.prepare a record stating the information mentioned in subsection (4) below,submit the record to the Tribunal, anda copy of the record, anda statement of the matters mentioned in subsection (5) below.At the same time as submitting the record to the Tribunal, the mental health officer must send a copy of the record to the patient except where the officer considers that doing so carries a risk of significant harm to the patient or others.the name and address of the patient,the patient's named person, andthe patient's primary carer,the things done by the mental health officer in compliance with the requirements in subsection (2) of section 85 of this Act (and, if by virtue of subsection (3) of that section the first-listed one has not been complied with, the reason why compliance with it was impracticable) ,the details of the personal circumstances of the patient, andif known by the mental health officer, the details of any advance statement made by the patient (and not withdrawn by the patient) ,the views of the mental health officer on the extension of the compulsory treatment order, andany other information that the mental health officer considers relevant in relation to the extension of the compulsory treatment order.

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