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.