Part 7

Compulsory treatment orders
Chapter 4

Review of orders

Review by Tribunal of determination extending order

Tribunal’s duty to review determination under section 86
101
1
This section applies where a patient’s responsible medical officer makes a determination under section 86 of this Act.
2
If—
a
the record submitted to the Tribunal under section 87(2)(b) of this Act states—
i
that there is a difference between the type (or types) of mental disorder that the patient has and the type (or types) of mental disorder recorded in the compulsory treatment order in respect of which the determination is made; or
ii
that the mental health officer disagrees with the determination or has failed to comply with the duty imposed by section 85(2)(d)(i) of this Act; or
b
the conditions in subsection (3) are satisfied in relation to the compulsory treatment order to which the determination relates,
the Tribunal shall review the determination.
3
The conditions mentioned in subsection (2)(b) above are—
a
that the order was made 2 or more years before the renewal day;
b
that this section did not require the Tribunal to review the previous determination made under section 86 of this Act in relation to the order; and
c
that, in the period of 2 years ending with the day before the renewal day, no application has been
determined by
the Tribunal under section 92, 99, 95 or 100 in relation to the order.
4
In subsection (3) above, the renewal day is the first day on which the order, had it not been extended by the determination, would not authorise the measures specified in it.
S. 101(1) in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)
S. 101(2)(a) in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)
S. 101(3)(4) inserted (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 68(b), 79(3); S.S.I. 2007/334, art. 2(b), sch. 2
S. 101(2)(b) substituted (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 68(a), 79(3); S.S.I. 2007/334, art. 2(b), sch. 2
Words in s. 101(3)(c) substituted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 21(2), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 12(a))