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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Mental Health (Compulsion orders – documents and reports to be submitted to the Tribunal) (Scotland) Regulations 2005 No. 365 URL: http://www.bailii.org/scot/legis/num_reg/2005/20050365.html |
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Made | 27th June 2005 | ||
Laid before the Scottish Parliament | 30th June 2005 | ||
Coming into force | 5th October 2005 |
Documents to accompany application to Tribunal under section 149
2.
The documents prescribed for the purpose of section 149(b) (documents to accompany application to Tribunal by responsible medical officer for extension of compulsion order) are–
(b) a copy of any written evidence given by a medical practitioner under section 57A(2)(a) of the 1995 Act (evidence of medical practitioners prior to making of compulsion order by court)[5]; and
(c) a copy of any report by the mental health officer prepared in accordance with section 57C(2)(b) of the 1995 Act (report by mental health officer prior to making of compulsion order by court)[6].
Documents to accompany application to Tribunal under section 158
3.
The documents prescribed for the purpose of section 158(b) (documents to accompany application to Tribunal by responsible medical officer for order extending and varying a compulsion order) are–
Documents to accompany application to Tribunal under section 161
4.
The documents prescribed for the purpose of section 161(b) (documents to accompany application to Tribunal by responsible medical officer for order varying a compulsion order) are–
(ii) a copy of any written evidence given by a medical practitioner under section 57A(2)(a) of the 1995 Act (evidence of medical practitioners prior to making of compulsion order by court); and
(iii) a copy of any report by the mental health officer prepared in accordance with section 57C(2)(b) of the 1995 Act (report by mental health officer prior to making of compulsion order by court); or
(b) where the application is made in any period for which a compulsion order has been extended, a copy of the patient's amended Part 9 care plan.
Application for extension of compulsion order following first review: reports to be prepared and submitted to Tribunal under section 173
5.
Where the Tribunal is considering an application made under section 149 and is not satisfied that it has sufficient information to enable it to make a decision, the Tribunal may require, under section 173(2) (power to require preparation and submission of reports)–
(b) the patient's responsible medical officer to prepare and submit to it a report–
Application for extension and variation of compulsion order: report to be prepared and submitted to Tribunal under section 173
6.
Where the Tribunal is considering an application made under section 158 and is not satisfied that it has sufficient information to enable it to make a decision, the Tribunal may require, under section 173(2), the mental health officer to prepare and submit to it a report–
Application for variation of compulsion order: report to be submitted to Tribunal under section 173
7.
Where the Tribunal is considering an application made under section 161 (application for order varying a compulsion order) and is not satisfied that it has sufficient information to enable it to make a decision, the Tribunal may require, under section 173(2), the mental health officer to prepare and submit to it a report–
Application for revocation of determination extending compulsion order or revocation or variation of compulsion order: reports to be submitted to Tribunal under section 173
8.
Where the Tribunal is considering an application made under sections 163(1) (revocation of determination extending compulsion order) or 164(2) (revocation or variation of compulsion order) and is not satisfied that it has sufficient information to enable it to make a decision, the Tribunal may require, under section 173(2)–
(b) the patient's responsible medical officer to prepare and submit to it a report–
Review of determination extending compulsion order: reports to be submitted to Tribunal under section 173
9.
Where the Tribunal is reviewing, under section 165(2) (grounds for review of determination), a determination made under section 152(2) extending a compulsion order and is not satisfied that it has sufficient information to enable it to make a decision, the Tribunal may require, under section 173(2)–
(b) the patient's responsible medical officer to prepare and submit to it a report on the extent to which the objectives of any medical treatment, community care services, other relevant services, or any other treatment, care or service included in the patient's Part 9 care plan are being met.
[2] Section 161 was amended by article 2(6) of the Order.back
[5] Section 57A was inserted by section 133 of the Mental Health (Care and Treatment) (Scotland) Act 2003 asp 13 ("the Act").back
[6] Section 57C was inserted by section 133 of the Act.back
[7] Section 159(4C) was inserted by article 2(5) of the Order.back
© Crown copyright 2005