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

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This is the original version (as it was originally enacted).

Powers of Tribunal

166Powers of Tribunal on review under section 165

(1)On the review of a determination under section 165 of this Act, the Tribunal may make an order under this section—

(a)revoking the determination;

(b)revoking both the determination and the compulsion order;

(c)confirming the determination; or

(d)confirming the determination and varying the compulsion order by modifying the measures specified in it.

(2)Before making a decision under subsection (1) above, the Tribunal shall allow 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 mental health officer;

(f)the patient’s responsible medical officer;

(g)the patient’s primary carer;

(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 determination.

167Powers of Tribunal on application under section 149, 158, 161, 163 or 164

(1)Where an application is made under section 149 of this Act, the Tribunal may make an order—

(a)extending the compulsion order to which the application relates for the period mentioned in section 146(2) of this Act;

(b)refusing the application; or

(c)refusing the application and revoking the compulsion order.

(2)Where an application is made under section 158 of this Act, the Tribunal may make an order—

(a)extending the compulsion order to which the application relates for the period mentioned in section 154(4) of this Act and varying the compulsion order by modifying the measures specified in it;

(b)extending the compulsion order for that period;

(c)refusing the application; or

(d)refusing the application and revoking the compulsion order.

(3)Where an application is made under section 163 of this Act, the Tribunal may make an order—

(a)revoking the determination to which the application relates;

(b)revoking—

(i)the determination; and

(ii)the compulsion order to which the determination relates;

(c)confirming the determination; or

(d)confirming the determination and varying the compulsion order by modifying the measures specified in it.

(4)Where an application is made under section 164(2)(a) of this Act, the Tribunal may make an order—

(a)revoking the compulsion order to which the application relates;

(b)varying the compulsion order by modifying the measures specified in it; or

(c)refusing the application.

(5)Where an application is made under section 161 or 164(2)(b) of this Act, the Tribunal may make an order—

(a)varying the compulsion order to which the application relates by modifying the measures specified in it;

(b)refusing the application; or

(c)refusing the application and revoking that order.

(6)Before making a decision under any of subsections (1) to (5) above, the Tribunal shall afford the persons mentioned in subsection (7) below the opportunity—

(a)of making representations (whether orally or in writing); and

(b)of leading, or producing, evidence.

(7)Those persons are—

(a)the persons mentioned in section 166(3) of this Act; and

(b)any other person appearing to the Tribunal to have an interest in the application.

168Interim extension etc. of order: application under section 149

(1)This section applies where an application is made under section 149 of this Act.

(2)Subject to section 170 of this Act, on the application of any person having an interest in the proceedings, or ex proprio motu, the Tribunal may, if it considers—

(a)that it will be unable to determine the application before the compulsion order to which the application relates ceases to authorise the measures specified in it; and

(b)that it is appropriate, pending its determining the application, to—

(i)extend the order; or

(ii)extend and vary the order by modifying the measures specified in it,

make an interim order extending, or extending and varying, the compulsion order for such period not exceeding 28 days as may be specified in the order of the Tribunal.

169Interim variation of order following application, reference or review under Chapter

(1)This section applies where—

(a)an application is made under section 149, 158, 161, 163 or 164 of this Act;

(b)a reference is made under section 162 of this Act; or

(c)the Tribunal is reviewing a determination under section 165 of this Act.

(2)Subject to section 170 of this Act, on the application of any person having an interest in the proceedings, or ex proprio motu, the Tribunal may, if it considers that it is appropriate to do so pending its—

(a)determining the application or reference; or

(b)making its decision on the review,

make an interim order varying the compulsion order by modifying the measures specified in it for such period not exceeding 28 days as may be specified in the order of the Tribunal.

170Limit on power of Tribunal to make interim order

The Tribunal may not make an interim order under section 168 or 169 of this Act if the effect of making the order would be that interim orders under either, or both, of those sections would be in force for a continuous period of more than 56 days.

171Powers of Tribunal on reference under section 162

(1)Where a reference is made under section 162 of this Act, the Tribunal may make an order—

(a)varying the compulsion order in respect of which the reference is made by modifying the measures specified in it; or

(b)revoking the compulsion order.

(2)Before making an order under subsection (1) above, the Tribunal shall allow 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 persons mentioned in section 166(3) of this Act; and

(b)any other person appearing to the Tribunal to have an interest in the reference.

172Tribunal’s order varying compulsion order

Subject to subsection (2) below, where the Tribunal makes an order under section 166, 167 or 171 of this Act varying a compulsion order, the Tribunal—

(a)shall specify in its order the modifications made by its order to the measures specified in the compulsion order; and

(b)may specify in its order measures other than those set out in the application to which its order relates.

173Applications to Tribunal: ancillary powers

(1)This section applies where—

(a)an application is made to the Tribunal under section 149, 158, 161, 163 or 164 of this Act; or

(b)the Tribunal is, under section 165 of this Act, reviewing a determination.

(2)Regulations may prescribe circumstances in which the Tribunal may require—

(a)the patient’s responsible medical officer; or

(b)the mental health officer,

to prepare and submit to the Tribunal reports on such matters as may be prescribed.

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