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Mental Health (Care and Treatment) (Scotland) Act 2003
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- 2003 asp 13
- Part 10
- Chapter 2
- Responsible medical officer’s duty to keep orders under review
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- Act applied by S.S.I. 2005/467 reg. 46
- Act applied (with modifications) by S.S.I. 2008/356 reg. 33(1)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 4A inserted by 2010 asp 8 s. 111(3)
- s. 8A inserted by 2010 asp 8 s. 111(5)
- s. 9A inserted by 2010 asp 8 s. 111(6)
- s. 309A inserted by 2007 asp 10 s. 72(1)
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Commencement Orders bringing provisions within this Act into force:
- S.S.I. 2003/316 art. 2 commences (2003 asp 13)
- S.S.I. 2004/153 art. 2 3 Sch. 1 2 commences (2003 asp 13)
- S.S.I. 2004/367 art. 2 3 Sch. 1 2 commences (2002 asp 13)
- S.S.I. 2005/161 art. 2-4 commences (2003 asp 13)
- S.S.I. 2005/375 art. 2 amendment to earlier commencing SSI 2005/161 art. 3
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.S.I. 2005/492 art. 3 Sch. 1-3 commences (2005 asp 13)
- S.S.I. 2005/604 art. 2-4 commences (2004 c. 33)
- S.S.I. 2008/314 art. 2 commences (2007 asp 10)
- S.S.I. 2010/221 art. 3 commences (2010 asp 8)
- S.S.I. 2010/321 art. 3 commences (2010 asp 8)
- S.S.I. 2010/357 art. 2 commences (2009 asp 9)
- S.S.I. 2010/413 art. 2 Sch. commences (2010 asp 13)
- S.S.I. 2011/122 art. 2 3 commences (2010 asp 8)
Prospective
Responsible medical officer’s duty to keep orders under reviewS
184Responsible medical officer’s duty to keep compulsion order and restriction order under reviewS
(1)This section applies where a patient is subject to a compulsion order and a restriction order.
(2)Without prejudice to the duty imposed on the patient’s responsible medical officer by section 182(2) of this Act, the responsible medical officer shall from time to time consider—
(a)whether the conditions mentioned in section 182(4) of this Act continue to apply in respect of the patient;
(b)whether, as a result of the patient’s mental disorder, it is necessary, in order to protect any other person from serious harm, for the patient to be detained in hospital, whether or not for medical treatment;
(c)whether it continues to be necessary for the patient to be subject to the compulsion order; and
(d)whether it continues to be necessary for the patient to be subject to the restriction order.
(3)If, having considered the matters mentioned in paragraphs (a) to (d) of subsection (2) above, the responsible medical officer is not satisfied that the patient has a mental disorder, the responsible medical officer shall, as soon as practicable after considering those matters, submit to the Scottish Ministers a report complying with the requirements set out in section 183(3) of this Act and including a recommendation that the compulsion order be revoked.
(4)If, having considered the matters mentioned in paragraphs (a) to (d) of subsection (2) above, the responsible medical officer—
(a)is satisfied that the patient has a mental disorder; but
(b)is not satisfied—
(i)that, as a result of the patient’s mental disorder, it is necessary, in order to protect any other person from serious harm, for the patient to be detained in hospital, whether or not for medical treatment; and
(ii)that the conditions mentioned in paragraphs (b) and (c) of section 182(4) of this Act continue to apply in respect of the patient,
the responsible medical officer shall, as soon as practicable after considering those matters, submit to the Scottish Ministers a report complying with the requirements set out in section 183(3) of this Act and including a recommendation that the compulsion order be revoked.
(5)If, having considered the matters mentioned in paragraphs (a) to (d) of subsection (2) above, the responsible medical officer—
(a)is satisfied—
(i)that the conditions mentioned in section 182(4) of this Act continue to apply in respect of the patient; and
(ii)that it continues to be necessary for the patient to be subject to the compulsion order; but
(b)is not satisfied that—
(i)that, as a result of the patient’s mental disorder, it is necessary, in order to protect any other person from serious harm, for the patient to be detained in hospital, whether or not for medical treatment; and
(ii)that it continues to be necessary for the patient to be subject to the restriction order,
the responsible medical officer shall, as soon as practicable after considering those matters, submit to the Scottish Ministers a report complying with the requirements set out in section 183(3) of this Act and including a recommendation that the restriction order be revoked.
(6)If, having considered the matters mentioned in paragraphs (a) to (d) of subsection (2) above, the responsible medical officer—
(a)is satisfied—
(i)that the conditions mentioned in section 182(4) of this Act continue to apply in respect of the patient; and
(ii)that it continues to be necessary for the patient to be subject to the compulsion order and the restriction order; but
(b)is not satisfied that, as a result of the patient’s mental disorder, it is necessary, in order to protect any other person from serious harm, for the patient to be detained in hospital, whether or not for medical treatment,
the responsible medical officer may submit to the Scottish Ministers a report complying with the requirements set out in section 183(3) of this Act and including a recommendation that the patient be conditionally discharged.
(7)Where the responsible medical officer—
(a)submits a report under subsection (5) above; and
(b)is satisfied that the compulsion order should be varied by modifying the measures specified in it,
the responsible medical officer shall include in the report a recommendation that the compulsion order be varied in that way.
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