Part 7

Compulsory treatment orders
Chapter 4

Review of orders

Mandatory reviews by responsible medical officer

First mandatory review
77
1
This section applies where a compulsory treatment order is made in respect of a patient.
2
The patient’s responsible medical officer shall, during the appropriate period, carry out a review in respect of the order (such review being referred to in this Part of this Act as the “first review”) by complying with the requirements in subsection (3) below.
3
Those requirements are—
a
to—
i
carry out a medical examination of the patient; or
ii
make arrangements for an approved medical practitioner to carry out such a medical examination;
b
to consider—
i
whether the conditions mentioned in paragraphs (a) to (d) of section 64(5) of this Act continue to apply in respect of the patient; and
ii
whether it continues to be necessary for the patient to be subject to a compulsory treatment order; and
c
to consult—
i
the mental health officer;
ii
such persons as are mentioned in subsection (4) below as the responsible medical officer considers appropriate; and
iii
such other persons as the responsible medical officer considers appropriate.
4
The persons referred to in subsection (3)(c)(ii) above are—
a
persons who appear to the responsible medical officer to provide medical treatment of the kind that is set out in the patient’s care plan;
b
if any community care services or relevant services are set out in that plan, persons who appear to the responsible medical officer to provide services of that kind;
c
if any other treatment, care or service is set out in that plan, persons who appear to the responsible medical officer to provide treatment, care or a service of that kind.
5
In subsection (2) above, “appropriate period” means the period of 2 months ending with the day on which the compulsory treatment order ceases to authorise the measures specified in it.
S. 77 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. 77(2)modified (3.11.2008) by Mental Health (England and Wales Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations 2008 (S.S.I. 2008/356), regs. 1(1), 33(2), (3)(a) (with reg. 2)