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

Sections 84 to 87: determination that order be extended in same form

128.Section 84(1) and (2) provide that if, after having complied with section 83, the responsible medical officer considers that the order should continue to apply in exactly the same form, that officer must give notice to the mental health officer that it is proposed to make a determination under section 86.

129.Subsection (1) of section 85 then requires the mental health officer, as soon as practicable after receiving that notice, to take the steps set out in subsection (2) of that section.

130.If the tests in subsection (1) of section 86 are met, the responsible medical officer must make a determination extending the order for a period of:

  • in the case of a first review, six months,

  • in the case of the first further review, a further 12 months,

  • in the case of a subsequent further review, a further 12 months from the expiry of the last 12 month period for which the order was extended.

131.Section 87 applies where a determination is made under section 86. Subsection (1) requires the responsible medical offer to comply with subsection (2) of that section. By compliance with that provision, the patient’s case is again brought to the attention of the Tribunal.

132.Under section 99 the determination made under section 86 may be challenged by the patient or the patient’s named person.

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