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

Extension of order following further review

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

(1)This section applies where a patient’s responsible medical officer is carrying out a further review of the relevant compulsion order to which the patient is subject.

(2)If, having regard to any views expressed by persons consulted under section 139(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 compulsion order after the day on which the order will cease (unless extended) to authorise the measures specified in it; and

(b)that the compulsion order should not be varied by modifying the measures 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 152 of this Act extending the order.

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

(1)The mental health officer shall, as soon as practicable after receiving notice under section 150(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 152 of this Act extending the compulsion order to which the patient is subject for the period mentioned in section 152(3) of this Act that applies in the patient’s case;

(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)as to 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.

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

(1)This section applies where a patient’s responsible medical officer is carrying out a further review of the relevant compulsion order to which the patient is subject.

(2)If, having regard to—

(a)any views expressed by persons consulted under section 139(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 151(2)(d) of this Act for the purpose of that review,

the responsible medical officer is satisfied as to the matters mentioned in section 150(2)(a) and (b) of this Act, the responsible medical officer shall make a determination extending the compulsion order for the period mentioned in subsection (3) below.

(3)The period referred to in subsection (2) above is—

(a)where a determination is made in respect of the first further review, the period of 12 months beginning with the expiry of the period for which the order is extended by virtue of an order under section 167 of this Act;

(b)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.

153Determination extending compulsion order: notification

(1)Where a patient’s responsible medical officer makes a determination under section 152 of this Act, the responsible medical officer shall, as soon as practicable after the determination is made and, in any event, before the day on which the compulsion order will cease (unless extended) 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 151(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 compulsion 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)Where 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 the responsible medical 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.