Part 7

Compulsory treatment orders
Chapter 4

Review of orders

Extension and variation of order: application by responsible medical officer

Mental health officer’s duties: extension and variation of order
89
1
The mental health officer shall, as soon as practicable after receiving notice under section 88(3) 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 of the matters mentioned in subsection (4) below;
c
to inform the patient of the availability of independent advocacy services under section 259 of this Act;
d
to take appropriate steps to ensure that the patient has the opportunity of making use of those services; and
e
to inform the patient’s responsible medical officer—
i
of whether the mental health officer agrees, or disagrees, that the application 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.
4
The matters referred to in subsection (2)(b) above are—
a
that the patient’s responsible medical officer is proposing to make an application to the Tribunal under section 92 of this Act for an order—
i
extending the compulsory treatment order to which the patient is subject for the period mentioned in section 88(4) of this Act; and
ii
varying the compulsory treatment order by modifying the measures or a recorded matter specified in it;
b
the modification of the measures or any recorded matter specified in that order that the responsible medical officer is proposing; and
c
the patient’s rights in relation to such an application.