Part 9Compulsion orders

Chapter 2Review of compulsion orders

Powers of Tribunal

166Powers of Tribunal on review under section 165

(1)

On the review of a determination under section 165 of this Act, the Tribunal may make an order under this section—

(a)

revoking the determination;

(b)

revoking both the determination and the compulsion order;

(c)

confirming the determination; or

(d)

confirming the determination and varying the compulsion order by modifying the measures specified in it.

(2)

Before making a decision under subsection (1) above, the Tribunal shall allow the persons mentioned in subsection (3) below the opportunity—

(a)

of making representations (whether orally or in writing); and

(b)

of leading, or producing, evidence.

(3)

Those persons are—

(a)

the patient;

(b)

the patient’s named person;

(c)

any guardian of the patient;

(d)

any welfare attorney of the patient;

(e)

the mental health officer;

(f)

the patient’s responsible medical officer;

(g)

the patient’s primary carer;

(h)

any curator ad litem appointed in respect of the patient by the Tribunal; and

(i)

any other person appearing to the Tribunal to have an interest in the determination.