Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

Part 9 S Compulsion orders

Chapter 2 S Review of compulsion orders

Extension and variation of order S

158 Application to Tribunal for extension and variation of compulsion order S

An application under this section to the Tribunal by a patient’s responsible medical officer for an order extending and varying a compulsion 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 authorised by the compulsion order that is proposed by the responsible medical officer;

(iv) the reasons for seeking that modification; F1 ...

(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 155(2)(e)(i) of this Act; and

(vi) [F2 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.

Textual Amendments

F1 Word in s. 158(a)(iv) omitted (2.12.2004) by virtue of Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(4)(a)

F2 S. 158(a)(vi) and word inserted (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(4)(b)

Commencement Information

I1 S. 158 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

I2 S. 158 in force at 5.10.2005 in so far as not already in force by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)