Mental Health (Care and Treatment) (Scotland) Act 2003

[F1 167A Duties of Tribunal on application under section 164A S

(1) This section applies where an application is made under section 164A in respect of a patient.

(2) If the Tribunal is satisfied that, without the provision of medical treatment of the kind mentioned in section 139(4)(b) to the patient, there would be a significant risk to the safety of other persons, it must refuse the application.

(3) If the Tribunal is not satisfied as mentioned in subsection (2), it must determine that the disclosure period applicable to the compulsion order ends with immediate effect.

(4) Before refusing an application under subsection (2) or making a determination under subsection (3), the Tribunal must afford the persons mentioned in subsection (5) the opportunity—

(a) of making representations (whether orally or in writing), and

(b) of leading, or producing, evidence.

(5) Those persons are—

(a) the patient,

(b) the patient's named person,

(c) any guardian of the patient,

(d) any welfare attorney of the patient,

(e) the mental health officer,

(f) the patient's responsible medical officer,

(g) the patient's primary carer,

(h) any curator ad litem appointed in respect of the patient by the Tribunal, and

(i) any other person appearing to the Tribunal to have an interest in the application.

(6) In this section and section 164A—

(a) “disclosure period”, in relation to a compulsion order, is to be construed in accordance with the Rehabilitation of Offenders Act 1974,

(b) references to the disclosure period applicable to a compulsion order are to be construed in accordance with section 5G(1) of that Act.]

Textual Amendments

F1 Ss. 167A, 167B inserted (30.11.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 26(5), 63(2); S.S.I. 2020/245, reg. 2, sch. (with reg. 3)