Mental Health (Scotland) Act 1984

22 Effect of applications: hospital. S

(1) Where an application for admission has been approved by the sheriff, that application shall be sufficient authority for the removal of the patient to the hospital named in the application and, when the application has been forwarded to the managers of the hospital, for the admission of the patient to that hospital at any time within a period of 7 days from the date on which the sheriff approved the application and for his detention there in accordance with the provisions of this Act.

(2) Where a patient has been admitted to a hospital in pursuance of an application under this Part of this Act, it shall be the duty of the managers of the hospital to notify—

(a) the Mental Welfare Commission; and

(b) the local authority for the area in which the hospital is situated (except where the admission is in pursuance of an application made by a mental health officer appointed by that authority),

of that admission together with a copy of the application and recommendations relating to the patient’s admission within 7 days of its taking place.

(3) A local authority shall, on being notified under subsection (2) of this section, arrange for a mental health officer as soon as practicable and, in any event, not later than 7 days before the expiry of the period of 28 days beginning with the day on which the patient was admitted to a hospital—

(a) to interview the patient whose admission has been notified to them; and

(b) to provide the responsible medical officer and the Mental Welfare Commission with a report on the patient’s social circumstances,

unless the mental health officer has done so under section 26(5) of this Act within the previous 28 days.

(4) Where a patient has been admitted as aforesaid the responsible medical officer shall—

(a) within the period of 7 days ending on the 28th day after the patient’s admission—

(i) examine the patient or obtain from another medical practitioner a report on the condition of the patient; and

(ii) consult such other person or persons who appear to him to be principally concerned with the patient’s medical treatment; and

(b) if he is satisfied, as a result of the examination or report, that—

(i) the patient is not suffering from mental disorder of a nature or degree which makes it appropriate for him to be liable to be detained in a hospital for medical treatment; or

(ii) it is not necessary for the health or safety of the patient or for the protection of other persons that he should receive such treatment,

order the discharge of the patient; or

(c) if he does not order the discharge of the patient, so inform the Mental Welfare Commission, the nearest relative [F1 and any guardian or welfare attorney] of the patient, the local authority and the managers concerned.

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Amendments (Textual)

F1 Words in s. 22(4)(c) inserted (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 17(6); S.S.I. 2001/81, art. 3, Sch. 2