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PART 7 continued CHAPTER 1 continued
Where a patient is subject to—
(a) a hospital direction; or
(b) a transfer for treatment direction,
this Chapter shall have effect in accordance with schedule 3 to this Act.
(1) Where a patient is subject to an interim compulsory treatment order, the patient’s responsible medical officer shall from time to time consider—
(a) 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
(b) whether it continues to be necessary for the patient to be subject to an interim compulsory treatment order.
(2) If, having considered the matters mentioned in paragraphs (a) and (b) of subsection (1) above, the responsible medical officer is not satisfied—
(a) that the conditions mentioned in paragraphs (a) to (d) of section 64(5) of this Act continue to apply in respect of the patient; or
(b) that it continues to be necessary for the patient to be subject to an interim compulsory treatment order,
the responsible medical officer shall make a determination revoking the interim compulsory treatment order.
(3) A determination under this section shall be made as soon as practicable after the duty to make it arises.
(1) This section applies where a patient is subject to an interim compulsory treatment order.
(2) If the Commission is satisfied—
(a) that not all of the conditions mentioned in paragraphs (a) to (d) of section 64(5) of this Act continue to apply in respect of the patient; or
(b) that it does not continue to be necessary for the patient to be subject to an interim compulsory treatment order,
the Commission may revoke the interim compulsory treatment order.
(1) Where a patient’s responsible medical officer makes a determination under section 72 of this Act, the responsible medical officer shall, as soon as practicable after doing so—
(a) give notice of the determination; and
(b) send a statement of the reasons for it,
to the Commission and to the persons mentioned in subsection (3) below.
(2) Where the Commission makes a determination under section 73 of this Act, it shall, as soon as practicable after doing so—
(a) give notice of the determination; and
(b) send a statement of the reasons for it,
to the patient’s responsible medical officer and to the persons mentioned in subsection (3) below.
(3) The persons referred to in subsections (1) and (2) above 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; and
(f) the Tribunal.
If a compulsory treatment order is made in respect of a patient who is subject to an interim compulsory treatment order, the interim compulsory treatment order shall, on the making of the compulsory treatment order, be revoked.
(1) As soon as practicable after a patient’s responsible medical officer is appointed under section 230 of this Act, the responsible medical officer shall—
(a) prepare a plan (any such plan being referred to in this Act as a “care plan”) relating to the patient; and
(b) ensure that the patient’s care plan is included in the patient’s medical records.
(2) The care plan shall set out—
(a) the medical treatment—
(i) which it is proposed to give; and
(ii) which is being given,
to the patient while the patient is subject to the compulsory treatment order; and
(b) such other information relating to the care of the patient as may be prescribed by regulations.
(3) Subject to subsection (4)(b) below, a patient’s responsible medical officer may from time to time amend the patient’s care plan.
(4) Regulations may prescribe—
(a) circumstances in which a patient’s responsible medical officer is required to amend the patient’s care plan;
(b) information in a care plan which may not be amended.
(5) Where a patient’s responsible medical officer amends the patient’s care plan—
(a) the responsible medical officer shall ensure that, as soon as practicable after it is amended, the amended care plan is included in the patient’s medical records; and
(b) subsections (2) to (4) above and this subsection shall apply as if references to the care plan were references to the amended care plan.
(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.
(1) This section applies where a compulsory treatment order is extended—
(a) by a determination under section 86 of this Act; or
(b) by virtue of an order under section 103 of this Act.
(2) The patient’s responsible medical officer shall, during the period mentioned in subsection (3) below, carry out a review in respect of the compulsory treatment order (such review being referred to in this Part of this Act as a “further review”) by complying with the requirements set out in section 77(3) of this Act.
(3) The period referred to in subsection (2) above is the period of 2 months ending with the day on which the compulsory treatment order as extended by the determination, or by virtue of the order under section 103 of this Act, ceases to authorise the measures specified in it.
(1) This section applies where a patient’s responsible medical officer is carrying out—
(a) the first review of the compulsory treatment order to which the patient is subject; or
(b) a further review of that order.
(2) If, having regard to any views expressed by persons consulted under section 77(3)(c) of this Act for the purpose of the review being carried out, the responsible medical officer is not satisfied—
(a) that the conditions mentioned in paragraphs (a) to (d) of section 64(5) of this Act continue to apply in respect of the patient; or
(b) that it continues to be necessary for the patient to be subject to a compulsory treatment order,
the responsible medical officer shall make a determination revoking the compulsory treatment order.
(3) A determination under this section shall be made as soon as practicable after the duty to make it arises.
(1) This section applies where a patient is subject to a compulsory treatment order.
(2) Without prejudice to the duties imposed on the patient’s responsible medical officer by sections 77(2), 78(2), 79(2) and 93(2) of this Act, the responsible medical officer shall from time to time consider—
(a) 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
(b) whether it continues to be necessary for the patient to be subject to a compulsory treatment order.
(3) If, having considered the matters mentioned in paragraphs (a) and (b) of subsection (2) above, the responsible medical officer is not satisfied—
(a) that the conditions mentioned in paragraphs (a) to (d) of section 64(5) of this Act continue to apply in respect of the patient; or
(b) that it continues to be necessary for the patient to be subject to a compulsory treatment order,
the responsible medical officer shall make a determination revoking the compulsory treatment order.
(4) A determination under this section shall be made as soon as practicable after the duty to make it arises.
(1) This section applies where a patient is subject to a compulsory treatment order.
(2) If the Commission is satisfied—
(a) that not all of the conditions mentioned in paragraphs (a) to (d) of section 64(5) of this Act continue to apply in respect of the patient; or
(b) that it does not continue to be necessary for the patient to be subject to a compulsory treatment order,
it may make a determination revoking the compulsory treatment order.
(1) Where a patient’s responsible medical officer makes a determination under section 79 or 80 of this Act, that officer shall—
(a) give notice of the determination; and
(b) send a statement of the reasons for it,
to the Commission and to the persons mentioned in subsection (3) below.
(2) Where the Commission makes a determination under section 81 of this Act, it shall—
(a) give notice of the determination; and
(b) send a statement of the reasons for it,
to the patient’s responsible medical officer and to the persons mentioned in subsection (3) below.
(3) The persons referred to in subsections (1) and (2) above 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; and
(f) the Tribunal.
(4) Notice under subsection (1) or (2) above—
(a) to the persons mentioned in paragraphs (a) to (d) of subsection (3) above shall be given as soon as practicable after the determination is made and, in any event, before the expiry of the period of 7 days beginning with the day on which the determination is made; and
(b) to—
(i) the Commission;
(ii) the patient’s responsible medical officer; and
(iii) the persons mentioned in paragraphs (e) and (f) of that subsection,
shall be given before the expiry of the period of 7 days beginning with the day on which the determination is made.
(1) This section applies where a patient’s responsible medical officer is carrying out—
(a) the first review of the compulsory treatment order to which the patient is subject; or
(b) a further review of that order.
(2) If, having regard to any views expressed by persons consulted under section 77(3)(c) of this Act for the purpose of the review being carried out, the patient’s responsible medical officer is satisfied—
(a) that the conditions mentioned in paragraphs (a) to (d) of section 64(5) of this Act continue to apply in respect of the patient; and
(b) that it continues to be necessary for the patient to be subject to a compulsory treatment order,
the responsible medical officer shall comply with the requirements in subsection (3) below.
(3) Those requirements are—
(a) to consider whether it will continue to be necessary for the patient to be subject to a compulsory treatment order after the day on which the order to which the patient is subject will cease (unless extended) to authorise the measures specified in it;
(b) to assess the needs of the patient for medical treatment;
(c) to consider—
(i) whether the compulsory treatment order should be varied by modifying the measures, or any recorded matter, specified in it; and
(ii) if the order should be varied, what modification is appropriate;
(d) to consider any views expressed on the matters mentioned in paragraphs (a) to (c) above by persons consulted under section 77(3)(c) of this Act.
(1) This section applies where a patient’s responsible medical officer is carrying out—
(a) the first review of the compulsory treatment order to which the patient is subject; or
(b) a further review of that order.
(2) If, having regard to any views expressed by persons consulted under section 77(3)(c) of this Act for the purpose of the review being carried out, it appears to the responsible medical officer—
(a) that it will continue to be necessary for the patient to be subject to a compulsory treatment order after the day on which the order will cease (unless extended) to authorise the measures specified in it; and
(b) that the order should not be varied by modifying the measures, or any recorded matter, specified in it,
the responsible medical officer shall give notice to the mental health officer that the responsible medical officer is proposing to make a determination under section 86 of this Act extending the order.
(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.
(1) If, having regard to—
(a) any views expressed by persons consulted under section 77(3)(c) of this Act for the purpose of the review being carried out; and
(b) any views expressed by the mental health officer under section 85(2)(d) of this Act for the purpose of that review,
the responsible medical officer is satisfied as to the matters mentioned in section 84(2)(a) and (b) of this Act, the responsible medical officer shall make a determination extending the compulsory treatment order for the period mentioned in subsection (2) below.
(2) The period referred to in subsection (1) above is—
(a) where a determination is made in respect of the first review, the period of 6 months beginning with the day on which the compulsory treatment order will cease (unless extended) to authorise the measures specified in it;
(b) where a determination is made in respect of the first further review, the period of 12 months beginning with the expiry of the period mentioned in paragraph (a) above;
(c) where a determination is made in respect of a subsequent further review, the period of 12 months beginning with the expiry of the period of 12 months for which the order is extended as a result of the immediately preceding further review.
(1) Where a patient’s responsible medical officer makes a determination under section 86 of this Act, that officer shall, as soon as practicable after the determination is made and, in any event, before the day on which the compulsory treatment order will cease, if it is not extended by the determination, to authorise the measures specified in it, comply with the requirements in subsection (2) below.
(2) Those requirements are—
(a) to prepare a record stating—
(i) the determination;
(ii) the reasons for it;
(iii) whether the mental health officer agrees, or disagrees, with the determination or has failed to comply with the duty imposed by section 85(2)(d)(i) of this Act;
(iv) if the mental health officer disagrees with the determination, the reasons for the disagreement;
(v) (by reference to the appropriate paragraph (or paragraphs) of the definition of “mental disorder” in section 328(1) of this Act) the type (or types) of mental disorder that the patient has; and if there is a difference between that type (or types) and the type (or types) of mental disorder recorded in the compulsory treatment order in respect of which the determination is made, what that difference is; and
(vi) such other matters as may be prescribed by regulations;
(b) to submit the record to the Tribunal; and
(c) at the same time as the responsible medical officer submits the record to the Tribunal, to give notice of the determination and send a copy of the record—
(i) subject to subsection (3) below, to the patient;
(ii) to the patient’s named person;
(iii) to the mental health officer; and
(iv) to the Commission.
(3) If the responsible medical officer considers that there would be a risk of significant harm to the patient, or to others, if a copy of the record were sent to the patient, that officer need not send a copy to the patient.
(4) At the same time as the responsible medical officer submits the record to the Tribunal, that officer shall send to the Tribunal, and to the persons mentioned in subsection (2)(c)(ii) to (iv) above, a statement of the matters mentioned in subsection (5) below.
(5) Those matters are—
(a) whether the responsible medical officer is sending a copy of the record to the patient; and
(b) if the responsible medical officer is not sending a copy of the record to the patient, the reason for not doing so.
(1) This section applies where a patient’s responsible medical officer is carrying out—
(a) the first review of the compulsory treatment order to which the patient is subject; or
(b) a further review of that order.
(2) If, having regard to any views expressed by persons consulted under section 77(3)(c) of this Act for the purpose of the review being carried out, it appears to the responsible medical officer—
(a) that it will continue to be necessary for the patient to be subject to a compulsory treatment order after the day on which the order will cease (unless extended) to authorise the measures specified in it; but
(b) that the order should be varied by modifying the measures, or any recorded matter, specified in it,
the responsible medical officer shall comply with the requirement in subsection (3) below.
(3) That requirement is to give notice to the mental health officer—
(a) that the responsible medical officer is proposing to make an application to the Tribunal under section 92 of this Act for an order under section 103 of this Act—
(i) extending the compulsory treatment order for the period mentioned in subsection (4) below; and
(ii) varying that order by modifying the measures, or a recorded matter, specified in it; and
(b) of the modification of the measures, or any recorded matter, specified in that order that the responsible medical officer is proposing.
(4) The period referred to in subsection (3) above is—
(a) where the application is made in respect of the first review, the period of 6 months beginning with the day on which the compulsory treatment order will (unless extended) cease to authorise the measures specified in it;
(b) where the application is made in respect of the first further review, the period of 12 months beginning with the expiry of the period mentioned in paragraph (a) above;
(c) where the application is made in respect of a subsequent further review, the period of 12 months beginning with the expiry of the period of 12 months for which the order is extended as a result of the immediately preceding further review.
(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.
(1) If, having regard to—
(a) any views expressed by persons consulted under section 77(3)(c) of this Act for the purpose of the review being carried out; and
(b) any views expressed by the mental health officer under section 89(2)(e) of this Act for the purpose of that review,
the responsible medical officer is satisfied as to the matters mentioned in section 88(2)(a) and (b) of this Act, the responsible medical officer shall comply with the requirement in subsection (2) below.
(2) That requirement is to make an application to the Tribunal under section 92 of this Act for an order—
(a) extending the compulsory treatment order for the period mentioned in section 88(4) of this Act; and
(b) varying that order by modifying the measures, or a recorded matter, specified in it.
(3) An application made under section 92 of this Act, by virtue of subsection (1) above, for an order mentioned in subsection (2) above shall be made as soon as practicable after the duty to make it arises.
Where, by virtue of section 90(1) of this Act, an application is to be made under section 92 of this Act, the patient’s responsible medical officer shall, as soon as practicable after the duty to make the application arises (and, in any event, before making the application), give notice that the application is to be made to—
(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; and
(f) the Commission.
An application under this section to the Tribunal by a patient’s responsible medical officer for an order extending and varying a compulsory treatment order—
(a) shall state—
(i) the name and address of the patient;
(ii) the name and address of the patient’s named person;
(iii) the modification of the measures, or any recorded matter, specified in the compulsory treatment order that is proposed by the responsible medical officer;
(iv) the reasons for seeking that modification;
(v) whether the mental health officer agrees, or disagrees, that the application should be made, or has failed to comply with the duty imposed by section 89(2)(e)(i) of this Act; and
(vi) if the mental health officer disagrees, the reason for that disagreement; and
(b) shall be accompanied by such documents as may be prescribed by regulations.
Mental Health (Care and Treatment) (Scotland) Act 2003