Part 7

Compulsory treatment orders
Chapter 4

Review of orders

Powers of Tribunal

Powers of Tribunal on application under section 92, 95, 99 or 100
103
1
Where an application is made under section 92 of this Act, the Tribunal may make an order—
a
extending the compulsory treatment order to which the application relates for the period mentioned in section 88(4) of this Act and varying the compulsory treatment order by modifying—
i
the measures; or
ii
any recorded matter,
specified in it;
b
extending the compulsory treatment order for that period;
c
refusing the application; or
d
refusing the application and revoking the compulsory treatment order.
2
Where an application is made under section 99 of this Act, the Tribunal may make an order—
a
revoking the determination to which the application relates;
b
revoking—
i
the determination; and
ii
the compulsory treatment order to which the determination relates;
c
confirming the determination; or
d
confirming the determination and varying the compulsory treatment order by modifying—
i
the measures; or
ii
any recorded matter,
specified in it.
3
Where an application is made under section 100(2)(a) of this Act, the Tribunal may make an order—
a
revoking the compulsory treatment order to which the application relates;
b
varying the compulsory treatment order by modifying—
i
the measures; or
ii
any recorded matter,
specified in it; or
c
refusing the application.
4
Where an application is made under section 95 or 100(2)(b) of this Act, the Tribunal may make an order—
a
varying the compulsory treatment order to which the application relates by modifying—
i
the measures; or
ii
any recorded matter,
specified in it;
b
refusing the application; or
c
refusing the application and revoking that order.
5
Before making a decision under any of subsections (1) to (4) above, the Tribunal shall afford the persons mentioned in subsection (6) below the opportunity—
a
of making representations (whether orally or in writing); and
b
of leading, or producing, evidence.
6
Those persons are—
a
the persons mentioned in section 102(3)(a) to (h) of this Act; and
b
any other person appearing to the Tribunal to have an interest in the application.
S. 103 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)