The Mental Health (Compulsory treatment orders – documents and reports to be submitted to the Tribunal) (Scotland) Regulations 2005 No. 366

Application for variation of a compulsory treatment order: reports to be prepared and submitted to Tribunal under section 109

4.  Where the Tribunal is considering an application made under section 95 (application for an order varying a compulsory treatment order) and is not satisfied that it has sufficient information to enable it to make a decision, the Tribunal may require, under section 109(2), the mental health officer to prepare and submit to it a report–

(a) on the steps that the mental health officer has taken to comply with the requirements imposed by section 93(4C))(1) (mental health officer’s duties to patient etc);

(b) giving the views of the mental health officer on the application and the reasons for those views;

(c) giving, if known to the mental health officer, the views of the patient and the patient’s named person on the application and the reasons for those views;

(d) giving, in so far as the mental health officer considers relevant for the purposes of the application, details of the personal circumstances of the patient;

(e) giving, if known to the mental health officer, details of any advance statement that the patient has made (and not withdrawn); and

(f) giving any other information which the mental health officer considers may assist the Tribunal in considering the application.

(1)

Section 93(4C) was inserted by article 2(2) of the Order.