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Mental Health (Care and Treatment) (Scotland) Act 2003
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- 2003 asp 13
- Part 6
- Revocation of certificates
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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)
Commencement Orders yet to be applied to the Mental Health (Care and Treatment) (Scotland) Act 2003:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
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
Revocation of certificatesS
49Responsible medical officer’s duty to review continuing need for detentionS
(1)Where a patient is detained in hospital under authority of a short-term detention certificate or an extension certificate, the patient’s responsible medical officer shall, from time to time, consider—
(a)whether the conditions mentioned in paragraphs (a), (b) and (d) of section 44(4) of this Act continue to be met in respect of the patient; and
(b)whether it continues to be necessary for the detention in hospital of the patient to be authorised by the certificate.
(2)If, having complied with subsection (1) above, the responsible medical officer is not satisfied—
(a)that the conditions referred to in paragraph (a) of that subsection continue to be met in respect of the patient; or
(b)that it continues to be necessary for the detention in hospital of the patient to be authorised by the certificate,
the responsible medical officer shall revoke the certificate.
(3)The responsible medical officer shall, as soon as practicable after revoking a certificate under subsection (2) above, give notice of its revocation to—
(a)the patient;
(b)the patient’s named person;
(c)any guardian of the patient;
(d)any welfare attorney of the patient; and
(e)the mental health officer who was consulted under section 44(3)(c) of this Act.
(4)The responsible medical officer shall, before the expiry of the period of 7 days beginning with the day on which the certificate is revoked, give notice of its revocation to—
(a)the Tribunal; and
(b)the Commission.
50Patient’s right to apply for revocation of short-term detention certificate or extension certificate etc.S
(1)Where a patient is in hospital under authority of a short-term detention certificate or an extension certificate—
(a)the patient; or
(b)the patient’s named person,
may apply to the Tribunal for revocation of the certificate.
(2)Before determining an application under subsection (1) above, the Tribunal shall afford the persons mentioned in subsection (3) below the opportunity—
(a)of making representations (whether orally or in writing); and
(b)of leading, or producing, evidence.
(3)Those persons are—
(a)the patient;
(b)the patient’s named person;
(c)any guardian of the patient;
(d)any welfare attorney of the patient;
(e)the approved medical practitioner who granted the short-term detention certificate;
(f)the mental health officer who was consulted under section 44(3)(c) of this Act;
(g)if the patient has a responsible medical officer, that responsible medical officer;
(h)any curator ad litem appointed in respect of the patient by the Tribunal; and
(i)any other person appearing to the Tribunal to have an interest in the application.
(4)On an application under subsection (1) above, the Tribunal shall, if not satisfied—
(a)that the conditions mentioned in paragraphs (a), (b) and (d) of section 44(4) of this Act continue to be met in respect of the patient; or
(b)that it continues to be necessary for the detention in hospital of the patient to be authorised by the certificate,
revoke the certificate.
(5)Where, before a short-term detention certificate is revoked under subsection (4) above an extension certificate has been granted in respect of the patient, the revocation of the short-term detention certificate shall have the effect of revoking the extension certificate, notwithstanding that there has been no application under subsection (1) above in relation to the extension certificate.
51Commission’s power to revoke short-term detention certificate or extension certificateS
Where—
(a)the detention of a patient in hospital is authorised by a short-term detention certificate or an extension certificate; and
(b)the Commission is satisfied—
(i)that not all of the conditions mentioned in paragraphs (a), (b) and (d) of section 44(4) of this Act continue to be met in respect of the patient; or
(ii)that it does not continue to be necessary for the detention in hospital of the patient to be authorised by the certificate,
the Commission may revoke the certificate.
52Revocation of short-term detention certificate or extension certificate: notificationS
Where the Commission revokes a certificate under section 51 of this Act, it shall, as soon as practicable after doing so, give notice of the revocation to—
(a)the patient;
(b)the patient’s named person;
(c)any guardian of the patient;
(d)any welfare attorney of the patient;
(e)the managers of the hospital in which the patient is detained;
(f)the mental health officer who was consulted under section 44(3)(c) of this Act; and
(g)the Tribunal.
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