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

Status:

This is the original version (as it was originally enacted).

Certain other orders and directions

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

(1)This section applies where a patient is subject to—

(a)a treatment order;

(b)an interim compulsion order;

(c)a compulsion order and a restriction order;

(d)a hospital direction; or

(e)a transfer for treatment direction.

(2)Subject to subsections (3) and (4) below, where the patient’s responsible medical officer grants a certificate specifying a period not exceeding 3 months during which the order or direction to which the patient is subject shall not authorise the detention of the patient in hospital, the order or direction does not authorise that detention during that period.

(3)The patient’s responsible medical officer may grant a certificate under subsection (2) above only with the consent of the Scottish Ministers.

(4)If the sum of—

(a)the period that the responsible medical officer proposes to specify in a certificate under subsection (2) above; and

(b)the period specified in any other certificate granted under that subsection in respect of the same patient,

would exceed 9 months in the period of 12 months ending with the expiry of the period mentioned in paragraph (a) above, the responsible medical officer may not grant a certificate under that subsection.

(5)A period specified in a certificate under subsection (2) above may be expressed as—

(a)the duration of—

(i)an event; or

(ii)a series of events; or

(b)the duration of—

(i)an event; or

(ii)a series of events,

and any associated travel.

(6)If the responsible medical officer considers that it is necessary—

(a)in the interests of the patient; or

(b)for the protection of any other person,

a certificate under subsection (2) above may include conditions such as are mentioned in subsection (7) below; and any such conditions shall have effect.

(7)Those conditions are—

(a)that, during the period specified in the certificate, the patient be kept in the charge of a person authorised in writing for the purpose by the patient’s responsible medical officer; and

(b)such other conditions as may be specified by the patient’s responsible medical officer.

(8)Where a patient’s responsible medical officer proposes to grant a certificate under subsection (2) above specifying—

(a)a period of more than 28 days; or

(b)a period which, when taken together with the period specified in any other certificate granted under that subsection, would exceed 28 days,

the responsible medical officer shall, before granting such a certificate, give notice of the proposal to the persons mentioned in subsection (9) below.

(9)Those persons are—

(a)the patient;

(b)the patient’s named person;

(c)the patient’s general medical practitioner; and

(d)the mental health officer.

(10)Where a certificate is granted under subsection (2) above specifying a period of more than 28 days, the patient’s responsible medical officer shall, before the expiry of the period of 14 days beginning with the day on which the certificate is granted, give notice of the granting of the certificate to the Commission.

225Certificate under section 224: revocation by responsible medical officer

(1)Subsection (2) below applies where a certificate is granted under 224(2) of this Act.

(2)If the patient’s responsible medical officer is satisfied that it is necessary—

(a)in the interests of the patient; or

(b)for the protection of any other person,

that the certificate be revoked, the responsible medical officer may revoke the certificate.

(3)Where, under subsection (2) above, the responsible medical officer revokes a certificate, the responsible medical officer shall, as soon as practicable after the revocation, give notice of it to—

(a)the patient;

(b)the patient’s named person;

(c)in a case where the certificate specified a period of more than 28 days, the patient’s general medical practitioner;

(d)where a person is authorised for the purposes of section 224(7)(a) of this Act, that person;

(e)the mental health officer; and

(f)the Scottish Ministers.

(4)Where, under subsection (2) above, the responsible medical officer revokes a certificate granted under section 224(2) of this Act that specified a period of more than 28 days, the responsible medical officer shall, before the expiry of the period of 14 days beginning with the day on which the certificate is revoked, give notice of the revocation to the Commission.

226Certificate under section 224: revocation by Scottish Ministers

(1)Subsection (2) below applies where a certificate is granted under section 224(2) of this Act.

(2)If the Scottish Ministers are satisfied that it is necessary—

(a)in the interests of the patient; or

(b)for the protection of any other person,

that the certificate be revoked, the Scottish Ministers may revoke the certificate.

(3)Where, under subsection (2) above, the Scottish Ministers revoke a certificate, they shall, as soon as practicable after the revocation, give notice of it to—

(a)the patient;

(b)the patient’s named person;

(c)in a case where the certificate specified a period of more than 28 days, the patient’s general medical practitioner;

(d)the patient’s responsible medical officer;

(e)the mental health officer; and

(f)where a person is authorised for the purposes of section 224(7)(a) of this Act, that person.

(4)Where, under subsection (2) above, the Scottish Ministers revoke a certificate granted under section 224(2) of this Act that specified a period of more than 28 days, they shall, before the expiry of the period of 14 days beginning with the day on which the certificate is revoked, give notice of the revocation to the Commission.

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