Part 13

Parts 8, 10 and 11: suspension

Assessment orders

Assessment order: suspension of measure authorising detention
221
1
This section applies where a patient is subject to an assessment order.
2
Subject to subsection (3) below, where the patient’s responsible medical officer grants a certificate specifying a period during which the assessment order to which the patient is subject shall not authorise the detention of the patient in hospital, the order does not authorise that detention during that period.
2A
A certificate under subsection (2) above may specify—
a
a single period, or
b
a series of more than one individual period.
3
The patient’s responsible medical officer may grant a certificate under subsection (2) above only with the consent of the Scottish Ministers.
3A
Subsection (3) above does not require the consent of the Scottish Ministers if the granting of the certificate is for the purpose of enabling the patient to—
a
attend a hearing in criminal proceedings against the patient, or
b
meet a medical or dental appointment made for the patient.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4A
The purpose for which a certificate under subsection (2) above is granted must be recorded in the certificate.
5
If the responsible medical officer considers that it is necessary—
a
in the interests of the patient; or
b
for the protection of any other person,
a certificate under subsection (2) above may include conditions such as are mentioned in subsection (6) below; and any such conditions shall have effect.
6
Those conditions are—
a
that, during the period specified in the certificate, the patient be kept in the charge of a person authorised in writing for the purpose by the patient’s responsible medical officer; and
b
such other conditions as may be specified by the patient’s responsible medical officer.
S. 221 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. 221(2A) inserted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 9(3)(a), 61(2); S.S.I. 2017/197, art. 2, sch.
S. 221(3A) inserted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 9(3)(b), 61(2); S.S.I. 2017/197, art. 2, sch.
S. 221(4A) inserted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 9(3)(d), 61(2); S.S.I. 2017/197, art. 2, sch.
S. 221(4) repealed (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 9(3)(c), 61(2); S.S.I. 2017/197, art. 2, sch.