Explanatory Notes

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

2003 asp 13

25 April 2003

Commentary on Sections

Part 7 – Compulsory Treatment Orders

Chapter 1: application for, and making of, orders
Outcome of application
Section 65: interim compulsory treatment order

109.Where an application for a compulsory treatment order has been made, the Tribunal has power to grant an interim compulsory treatment order. The Tribunal may do so at its own discretion or on the application of any party with an interest in the proceedings. An interim order may last for any period of up to 28 days. The Tribunal may grant more than one interim order in respect of a patient. In that case however, the total period authorised by the interim orders must not exceed 56 consecutive days.

110.Section 65(5) stipulates which persons must be afforded the opportunity to make representations to the Tribunal before an interim order can be granted.