PART 1THE 2003 ACT

Removal and detention of patients

19Notifying decisions on removal orders

(1)

The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

(2)

After section 295 there is inserted—

“295ANotification of decision under section 293 or 295

(1)

Subsection (2) below applies in relation to a decision of a sheriff or a justice of the peace under section 293 of this Act making, or refusing to make, a removal order.

(2)

As soon as practicable after the decision is made, the mental health officer who made the application for the removal order must notify the Commission of the decision.

(3)

Subsection (4) below applies in relation to a decision of a sheriff under section 295 of this Act making, or refusing to make, an order recalling or varying a removal order.

(4)

As soon as practicable after the decision is made, the mental health officer specified in the removal order must notify the Commission of—

(a)

the decision, and

(b)

any additional order made under subsection (6) of section 295 of this Act.”.