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

Application by patient etc.

214 Application to Tribunal by patient and named person

(1) This section applies where a patient is subject to—

(a) a hospital direction; or

(b) a transfer for treatment direction.

(2) Each of the persons mentioned in subsection (3) below may, subject to subsections (4) to (6) below, make an application under this section to the Tribunal for the revocation of the direction to which the patient is subject.

(3) Those persons are—

(a) the patient; and

(b) the patient’s named person.

(4) Where a patient is subject to a hospital direction, an application under this section may not be made before the expiry of the period of 6 months beginning with the day on which the direction was made.

(5) Where a patient is subject to a transfer for treatment direction, an application under this section—

(a) may be made during the period of 12 weeks beginning with the day on which the direction is made; but

(b) otherwise may not be made before the expiry of the period of 6 months beginning with the day on which the direction was made.

(6) Neither of the persons mentioned in subsection (3) above may make more than one application under this section during—

(a) the period of 12 months beginning with the day on which the direction was made; or

(b) any subsequent period of 12 months that begins with or with an anniversary of the expiry of the period of 12 months mentioned in paragraph (a) above.

(7) Where a patient’s named person makes an application under subsection (2) above, the named person shall give notice to the patient of the making of the application.