Mental Health (Scotland) Act 1984

21Approval of applications by the sheriff: hospital

(1)An application for admission shall be submitted to a sheriff of the sheriffdom—

(a)within which the patient is resident at the time when the application is submitted; or

(b)where the patient is a resident patient in a hospital at the time when the application is submitted, within which the hospital is situated,

for his approval within 7 days of the last date on which the patient was examined for the purposes of any medical recommendation accompanying the application.

(2)Subject to the following provisions of this section and to section 113 of this Act, the sheriff, in considering an application submitted to him under this section—

(a)may make such inquiries and hear such persons (including the patient) as he think fit; and

(b)where an application is the subject of objection by the nearest relative of the patient, shall afford that relative and any witness that relative may call an opportunity of being heard ; and

(c)shall, where a mental health officer makes an application for admission in respect of a patient under section 19(6) of this Act and such application includes a statement of the mental health officer's opinion that the application should not be granted, afford the mental health officer an opportunity of being heard.

(3)The sheriff shall not withhold approval to an application submitted under this section without affording to the applicant and any witness the applicant may call an opportunity of being heard.

(4)Any proceedings under this section shall, where the patient or applicant so desires or the sheriff thinks fit, be conducted in private.

(5)The sheriff in the exercise of the functions conferred on him by this section shall have the like jurisdiction, and the like powers as regards the summoning and examination of witnesses, the administration of oaths, the awarding of expenses, and otherwise, as if he were acting in the exercise of his civil jurisdiction.