The Mental Health (Compulsion orders – documents and reports to be submitted to the Tribunal) (Scotland) Regulations 2005 No. 365

Review of determination extending compulsion order: reports to be submitted to Tribunal under section 173

9.  Where the Tribunal is reviewing, under section 165(2) (grounds for review of determination), a determination made under section 152(2) extending a compulsion order and is not satisfied that it has sufficient information to enable it to make a decision, the Tribunal may require, under section 173(2)–

(a) the mental health officer to prepare and submit to it a report–

(i) on the steps that the mental health officer has taken to comply with the requirements imposed by section 151(2) (mental health officer’s duties to patient etc);

(ii) giving the mental health officer’s views or further views on the determination and the reasons for those views;

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

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

(v) giving, if known to the mental health officer, details of any advance statement that the patient has made (and not withdrawn); and

(vi) giving any other information which the mental health officer considers may assist the Tribunal in considering the determination; and

(b) the patient’s responsible medical officer to prepare and submit to it a report on the extent to which the objectives of any medical treatment, community care services, other relevant services, or any other treatment, care or service included in the patient’s Part 9 care plan are being met.