Part 7

Compulsory treatment orders
Chapter 1

Application for, and making of, orders

Pre-application procedures

Medical examination: requirements
58
1
The requirements referred to in section 57(2) of this Act are set out in subsections (2) to (6) below.
2
Subject to subsection (4) below and to regulations under subsection (5) below—
a
each medical examination of the patient shall be carried out by an approved medical practitioner; and
b
subject to subsection (6) below, each such examination shall be carried out separately.
3
Where the medical examinations are carried out separately, the second shall be completed no more than five days after the first.
4
The patient’s general medical practitioner may carry out one of the medical examinations of the patient although not an approved medical practitioner.
5
Except in circumstances specified in regulations, there must not be a conflict of interest in relation to the medical examination; and regulations shall specify the circumstances in which there is to be taken to be such a conflict of interest.
6
The medical examinations need not be carried out separately if—
a
where the patient is capable of consenting to the examinations, the patient consents to the examinations being carried out at the same time; or
b
where the patient is incapable of consenting to the examinations—
i
the patient’s named person;
ii
any guardian of the patient; or
iii
any welfare attorney of the patient,
consents to the examinations being carried out at the same time.