Public Health etc. (Scotland) Act 2008

45 Exceptional 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.