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

Extension of order following first review
Section 146: first review: responsible medical officer’s duty where extension proposed

286.Section 146 provides that if, following the first review of the compulsion order and after having taken into consideration the views expressed by the persons mentioned in section 139(3), the responsible medical officer considers that the compulsion order should continue to apply without varying the measures authorised by it, the responsible medical officer has a duty to notify the patient’s mental health officer that the responsible medical officer is proposing to make an application to the Tribunal for the order to be extended for a further 6 months.

Section 147: proposed extension on first review: mental health officer’s duties

287.Section 147 sets out the duties of the mental health officer on being notified by the responsible medical officer after the first review has been carried out that the responsible medical officer intends to apply to the Tribunal to have the compulsion order extended. The mental health officer must interview the patient, unless it is impracticable to do so, and provide the patient with information about the patient’s rights in relation to the application and about the availability of advocacy services. The mental health officer must also take appropriate steps to make sure the patient has the opportunity to make use of those advocacy services. The mental health officer must also inform the responsible medical officer of those matters listed in subsection (2)(d), primarily whether the mental health officer agrees that the compulsion order should be extended.

Section 148: first review: responsible medical officer’s duty to apply for extension of compulsion order

288.Section 148 provides that, if the responsible medical officer is still satisfied, having had regard to the views of persons consulted and of the patient’s mental health officer, that the compulsion order should be extended, then the responsible medical officer is under a duty to apply to the Tribunal for an extension of the order. It is only at the first review that the extension of the order is done by way of an application to the Tribunal. Subsequent extensions, where no variation of the measures authorised by the order is required, are made by the responsible medical officer making a determination under section 152. Such extensions may, however, be reviewed by the Tribunal under section 165.

Section 149: application to Tribunal for extension of order following first review

289.Section 149 sets out the information that must be included in an application by the responsible medical officer to the Tribunal for an order extending a compulsion order after the first review. The section also gives the Scottish Ministers power to make provision by regulations for other documentation to be sent with the application (section 149(b)).

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