http://www.legislation.gov.uk/asp/2003/13/section/293/2013-04-01Mental Health (Care and Treatment) (Scotland) Act 2003An Act of the Scottish Parliament to restate and amend the law relating to mentally disordered persons; and for connected purposes.texttext/xmlenStatute Law Database2026-02-04Expert Participation2013-04-01 Mental Health (Care and Treatment) (Scotland) Act 2003s. 64(8A)(8B)Mental Health (Scotland) Act 2015s. 1(2)s. 61(2)Mental Health (Care and Treatment) (Scotland) Act 2003s. 65(7)Mental Health (Scotland) Act 2015s. 1(3)s. 61(2) Part 19 2931If, on the application of a relevant mental health officer, a sheriff is satisfied that—aa person who is aged 16 years or over has a mental disorder;bany of the circumstances mentioned in subsection (2) below apply in respect of that person; andcthat person is likely to suffer significant harm if not removed to a place of safety,the sheriff may make an order under this section (any such order being referred to in this Act as a “removal order”) in respect of that person.2The circumstances referred to in subsection (1)(b) above are—athat the person is subject, or exposed, to—iill-treatment;iineglect; oriiisome other deficiency in care or treatment;bthat, because of the mental disorder, the person’s property—iis suffering loss or damage; oriiis at risk of suffering loss or damage; andcthat the person is—iliving alone or without care; andiiunable to look after himself or his property or financial affairs.3A removal order is an order—aauthorising—ithe mental health officer specified in the order;iiany other persons so specified; andiiiaany constable of the Police Service of Scotland,before the expiry of the period of 72 hours beginning with the granting of the order, to enter any premises so specified;bauthorising any such constable, before the expiry of that period, for the purpose of exercising the power mentioned in paragraph (a) above, to open lockfast places on premises so specified; andcauthorising—ibefore the expiry of that period, the removal of the person who is the subject of the removal order to a place of safety specified in the order; andiithe detention of that person in that place for such period, not exceeding 7 days, as may be specified in the order.4An application for a removal order shall be made to the sheriff of the sheriffdom in which the premises to which the application relates are situated.5Before determining an application for a removal order, the sheriff shall, subject to subsection (7) below, afford the persons mentioned in subsection (6) below the opportunity—aof making representations (whether orally or in writing); andbof leading, or producing, evidence.6Those persons are—athe person who is the subject of the application; andbsuch other persons as may be prescribed by regulations.7If the sheriff considers that such delay as would result from compliance with the requirements of subsection (5) above would be likely to be prejudicial to the person who is the subject of the application, the sheriff may dispense with the requirements of that subsection.8In this section “relevant mental health officer” means a mental health officer appointed by the local authority for the area in which the premises to which the application relates are situated.S. 293 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1S. 293 in force at 5.10.2005 in so far as not already in force 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. 293(3)(a)(iiia) substituted for s. 293(3)(a)(iii) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 23(6); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)