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Mental Health (Care and Treatment) (Scotland) Act 2003
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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 and cross-heading 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. 2007/334 art. 2(b) Sch. 2 commences (2007 asp 10)
- 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
113Non-compliance generally with orderS
This section has no associated Explanatory Notes
(1)Where—
(a)a patient is subject to—
(i)a compulsory treatment order; or
(ii)an interim compulsory treatment order,
that does not authorise the detention of the patient in hospital;
(b)the patient fails to comply with any measure authorised by the order; and
(c)subsection (2) or (3) below applies,
the power conferred by subsection (4) below may be exercised.
(2)This subsection applies if the patient’s responsible medical officer considers that—
(a)reasonable steps have been taken to contact the patient following the patient’s failure to comply with the measure;
(b)if contact has been made with the patient, the patient has been afforded a reasonable opportunity to comply with the measure; and
(c)if the patient were to continue to fail to comply with the measure, it is reasonably likely that there would be a significant deterioration in the patient’s mental health.
(3)This subsection applies if the patient’s responsible medical officer considers that—
(a)if the patient were to continue to fail to comply with the measure, it is reasonably likely that there would be a significant deterioration in the patient’s mental health; and
(b)it is necessary as a matter of urgency that the power conferred by subsection (4) below be exercised.
(4)The patient’s responsible medical officer may take, or may cause a person authorised for the purpose by the responsible medical officer to take, the patient into custody and convey the patient to a hospital.
(5)Where the power conferred by subsection (4) above is exercised in relation to a patient, the patient may be detained in hospital for the period of 72 hours beginning with the arrival by virtue of that subsection of the patient in hospital.
(6)As soon as reasonably practicable after the patient has been conveyed to a hospital, the responsible medical officer shall—
(a)carry out a medical examination of the patient; or
(b)make arrangements for an approved medical practitioner to carry out such an examination.
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