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The Mental Health (Compulsory treatment orders – documents and reports to be submitted to the Tribunal) (Scotland) Regulations 2005

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

3.  Where the Tribunal is considering an application made under section 92 (application for an order extending and 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) (power to require preparation and submission of reports), 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 89(2) (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(e)giving, if known to the mental health officer, details of any advance statement that the patient has made (and not withdrawn); and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.

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