Mental Health (Care and Treatment) (Scotland) Act 2003 Explanatory Notes

Section 168: interim extension etc of order: application under section 149

316.Section 168 gives power to the Tribunal to make an interim order to extend or extend and vary a compulsion order for a period of up to 28 days where it has received an application from the responsible medical officer under section 149 to extend the order. It is open to anyone with an interest in the proceedings to ask the Tribunal to make an interim order. In addition, the Tribunal has power to make the order on its own initiative. The Tribunal may make an interim order only where it considers that it will not be able to come to a decision on the application before the compulsion order would cease to have effect and that it is appropriate to make the order. The Tribunal’s power is subject to the restriction set out in section 170.

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