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

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Mental Health (Care and Treatment) (Scotland) Act 2003, Section 267 is up to date with all changes known to be in force on or before 11 May 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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267[F1Order under section 264 or 265: recall]S
This section has no associated Explanatory Notes

(1)This section applies where an order is made under section 264(2) [F2or 265(3)] of this Act in respect of a patient.

(2)On the application of any of the persons mentioned in subsection (4) below, the Tribunal—

(a)shall, if satisfied that the patient requires to be detained under conditions of special security that can be provided only in a state hospital, recall the order;

(b)may, on any other grounds, recall the order.

(3)Where the order is recalled, the relevant Health Board ceases to be subject to the duties under section 264(3) to (5) [F3or 265(4) to (6)] to which it became subject by virtue of the making of the order.

(4)The persons referred to in subsection (2) above are—

(a)the relevant Health Board;

(b)in the case of a relevant patient, the Scottish Ministers;

(c)in the case of a patient who is not a relevant patient, the patient’s responsible medical officer.

(5)Before determining an application under subsection (2) above, the Tribunal shall—

(a)afford the persons mentioned in section 264(10) of this Act the opportunity—

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

(ii)of leading, or producing, evidence; and

(b)whether or not any such representations are made, hold a hearing.

Textual Amendments

F1S. 267 title substituted (16.11.2015) by virtue of Mental Health (Scotland) Act 2015 (asp 9), ss. 15(4), 61(2); S.S.I. 2015/361, art. 2 (with arts. 4-6)

F2Words in s. 267(1) substituted (16.11.2015) by Mental Health (Scotland) Act 2015 (asp 9), ss. 15(3)(a), 61(2); S.S.I. 2015/361, art. 2 (with arts. 4-6)

F3Words in s. 267(3) substituted (16.11.2015) by Mental Health (Scotland) Act 2015 (asp 9), ss. 15(3)(b), 61(2); S.S.I. 2015/361, art. 2 (with arts. 4-6)

Commencement Information

I1Part 17 Chapter 3 (ss. 264 - 273) in force 1.5.2006 or such earlier day as the Scottish Ministers may by order appoint, see s. 333(2)

I2S. 267 in force at 1.5.2006 or such earlier day as the Scottish Ministers may by order appoint, see s. 333(2)

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