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

Section 224: patients subject to certain other orders and directions: suspension of measure authorising detention

407.Section 224 provides for the temporary suspension of the measure in certain orders and directions which authorises the detention of the patient in hospital. It applies to the following orders and directions-

  • treatment orders;

  • interim compulsion orders;

  • compulsion orders combined with restriction orders;

  • hospital directions; and

  • transfer for treatment directions.

408.The patient’s responsible medical officer may suspend the authorisation to detain, by granting a certificate specifying a period of up to 3 months. To do so requires the consent of the Scottish Ministers and the period granted must not take the total period granted by virtue of this and any other certificates over 9 months in any 12 month period. The certificate may also be issued for a period relating to a particular event or series of events.

409.The responsible medical officer may include conditions in the certificate. Those conditions can include a requirement that the patient be kept in the charge of a duly authorised person during the period of the certificate.

410.Where the responsible medical officer proposes to grant a certificate for a period of more than 28 days; or less than 28 days but for a period which, when added to any previous period granted during the last 12 months, takes the total over 28 days, the officer must notify the persons listed in subsection (9) before granting the certificate. Where a certificate is granted for a period of more than 28 days, the responsible medical officer must notify the Commission within 14 days.

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