Part 9Compulsion orders

Chapter 2Review of compulsion orders

Extension and variation of order

155Mental health officer’s duties: extension and variation of compulsion order

1

The mental health officer shall, as soon as practicable after receiving notice under section 154(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 158 of this Act for an order—

i

extending the compulsion order to which the patient is subject for the period mentioned in section 154(4) of this Act that applies in the patient’s case; and

ii

varying the compulsion order by modifying the measures specified in it;

b

the modification of the measures specified in that order that the responsible medical officer is proposing; and

c

the patient’s rights in relation to such an application.