Part 4Public health functions of health boards
Removal to and detention in hospital
I145Exceptional detention order
1
The sheriff may, if satisfied as to the matters mentioned in subsection (2), make an exceptional detention order authorising—
a
the continued detention of a person in hospital; and
b
the taking in relation to the person of such of the steps mentioned in section 46(2) (if any) as the sheriff considers appropriate.
2
The matters referred to in subsection (1) are—
a
that the conditions mentioned in section 44(2)(a) and (b) continue to apply;
b
that it continues to be necessary, to avoid or minimise a significant risk to public health, for the person to be detained in hospital;
c
that it is necessary for the person to be so detained for a period exceeding the short term maximum period; and
d
that—
i
before the application under section 44(3) was made, the health board gave an explanation under section 31(3) or (5); or
ii
where no such explanation was given, it was not reasonably practicable to do so.
3
An exceptional detention order has effect—
a
from the time at which it is made;
b
for such period, not exceeding 12 months beginning with the day on which the order is made, as the sheriff considers appropriate.
4
An order under subsection (1) must—
a
specify—
i
the person to whom the order applies;
ii
the hospital in which the person is to be detained;
iii
the period for which the person is to be detained in hospital; and
iv
the steps mentioned in section 46(2) (if any) which may be taken in relation to the person; and
b
be notified to—
i
the person to whom it applies;
ii
any person to whom an explanation was given under section 31(5); and
iii
any other person the sheriff considers appropriate.