Search Legislation

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

Section 167: powers of Tribunal on application under section 149, 158, 161, 163 or 164

314.Section 167 provides for the powers of the Tribunal on the following applications, namely:

  • applications under section 149 by the responsible medical officer for the first extension of a compulsion order (see subsection (1));

  • applications under section 158 by the responsible medical officer for the extension and variation of a compulsion order (see subsection (2));

  • applications under section 163 by a patient or patient’s named person for revocation of a determination by the responsible medical officer under section 152 (see subsection (3));

  • applications under section 164(2)(a) by a patient or patient’s named person for revocation or variation of a compulsion order (see subsection (4)); and

  • applications under section 161 or 164(2)(b) by the responsible medical officer or the patient or patient’s named person respectively for the variation of a compulsion order (see subsection (5)).

315.Before making any decision on an application, the Tribunal must give the persons listed in section 166(3) and any person appearing to the Tribunal to have an interest, the opportunity of making written or oral representations and of leading or producing evidence (subsection (6)).

Back to top

Options/Help

Print Options

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources