Part 7

Compulsory treatment orders
Chapter 4

Review of orders

Extension of order by responsible medical officer

Mental health officer’s duties: extension of order
85
1
The mental health officer shall, as soon as practicable after receiving notice under section 84(2) of this Act, comply with the requirements in subsection (2) below.
2
Those requirements are—
a
subject to subsection (3) below, to interview the patient;
b
to inform the patient—
i
that the patient’s responsible medical officer is proposing to make a determination under section 86 of this Act extending the compulsory treatment order to which the patient is subject for the period mentioned in section 86(2) of this Act;
ii
of the patient’s rights in relation to such a determination; and
iii
of the availability of independent advocacy services under section 259 of this Act;
c
to take appropriate steps to ensure that the patient has the opportunity of making use of those services; and
d
to inform the patient’s responsible medical officer—
i
of whether the mental health officer agrees, or disagrees, that the determination that is proposed should be made;
ii
if the mental health officer disagrees, of the reason why that is the case; and
iii
of any other matters that the mental health officer considers relevant.
3
If it is impracticable for the mental health officer to comply with the requirement in subsection (2)(a) above, the mental health officer need not do so.
S. 85 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)