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Mental Health (Detention) (Scotland) Act 1991

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2Determination of applications for admission to hospital

(1)Section 21 of the [1984 c. 36.] Mental Health (Scotland) Act 1984 (approval by sheriff of applications for admission to hospital) shall be amended as follows.

(2)After subsection (3) there shall be inserted the following subsections—

(3A)Within five days (excluding Saturdays, Sundays and court holidays) of an application for admission being submitted, the sheriff shall—

(a)approve the application; or

(b)where he decides to hold a hearing before determining the application, hold such hearing.

(3B)An application for admission in respect of a patient who is detained in hospital under section 26 or 26A of this Act shall, when submitted to the sheriff, be sufficient authority for the continued detention of the patient under that section until the expiry of a period of five days (excluding Saturdays, Sundays and court holidays) from the date when the application was submitted.

(3C)Where a hearing in relation to an application for admission in respect of a patient who is detained in hospital under section 26 or 26A of this Act is, for whatever reason, adjourned, the authority for the detention of the patient under that section by virtue of subsection (3B) of this section shall continue until the application for admission is finally determined.

(3)After subsection (5) there shall be inserted the following subsection—

(6)For the purposes of this section, an application is submitted to the sheriff when it is lodged with his sheriff clerk.

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