- Latest available (Revised)
- Original (As enacted)
Mental Health (Care and Treatment) (Scotland) Act 2003, Section 193 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)This section applies where—
(a)an application is made under section 191 or 192(2) of this Act; or
(b)a reference is made under section 185(1), 187(2) or 189(2) of this Act.
(2)If the Tribunal is satisfied—
(a)that the patient has a mental disorder; and
(b)that, as a result of the patient’s mental disorder, it is necessary, in order to protect any other person from serious harm, for the patient to be detained in hospital, whether or not for medical treatment,
it shall make no order under this section.
(3)If the Tribunal is not satisfied that the patient has a mental disorder, the Tribunal shall make an order revoking the compulsion order.
(4)If the Tribunal—
(a)is satisfied that the patient has a mental disorder; but
(b)is not satisfied—
(i)that, as a result of the patient’s mental disorder, it is necessary, in order to protect any other person from serious harm, for the patient to be detained in hospital, whether or not for medical treatment; and
[F1(ii)either—
(A)that the conditions mentioned in paragraphs (b) and (c) of section 182(4) 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 the compulsion order,]
it shall make an order revoking the compulsion order.
(5)If the Tribunal—
(a)is satisfied—
(i)that the conditions mentioned in section 182(4) of this Act continue to apply in respect of the patient; and
(ii)that it continues to be necessary for the patient to be subject to the compulsion order; but
(b)is not satisfied—
(i)that, as a result of the patient’s mental disorder, it is necessary, in order to protect any other person from serious harm, for the patient to be detained in hospital, whether or not for medical treatment; and
(ii)that it continues to be necessary for the patient to be subject to the restriction order,
it shall make an order revoking the restriction order.
(6)If the Tribunal—
(a)makes an order, under subsection (5) above, revoking the restriction order; and
(b)is satisfied that the compulsion order should be varied by modifying the measures specified in it,
it shall make an order varying the compulsion order in that way.
(7)If the Tribunal—
(a)is satisfied—
(i)that the conditions mentioned in section 182(4) of this Act continue to apply in respect of the patient; and
(ii)that it continues to be necessary for the patient to be subject to the compulsion order and the restriction order; but
(b)is not satisfied—
(i)that, as a result of the patient’s mental disorder, it is necessary, in order to protect any other person from serious harm, for the patient to be detained in hospital, whether or not for medical treatment; and
(ii)that it is necessary for the patient to be detained in hospital,
the Tribunal may make an order that the patient be conditionally discharged and impose such conditions on that discharge as it thinks fit.
(8)Before making a decision under this section the Tribunal shall—
(a)afford the persons mentioned in subsection (9) below the opportunity—
(i)of making representations (whether orally or in writing); and
(ii)of leading, or producing, evidence; and
(b)whether or not any such representations are made, hold a hearing.
(9)Those persons are—
(a)the patient;
(b)the patient’s named person;
(c)the patient’s primary carer;
(d)any guardian of the patient;
(e)any welfare attorney of the patient;
(f)any curator ad litem appointed by the Tribunal in respect of the patient;
(g)the Scottish Ministers;
(h)the patient’s responsible medical officer;
(i)the mental health officer; and
(j)any other person appearing to the Tribunal to have an interest.
[F2(9A)Where—
(a)a person (“V”) is entitled to make victim's representations before the Tribunal makes a decision under this section, and
(b)V has not been afforded the opportunity of making representations under subsection (8),
before making a decision about what (if any) conditions to impose on the patient's conditional discharge under subsection (7), the Tribunal must have regard to any victim's representations made by V.]
(10)Nothing in section 102 (state hospitals) of the National Health Service (Scotland) Act 1978 (c. 29) prevents or restricts the detention of a patient in a state hospital as a result of a decision of the Tribunal not to make any order under this section.
Textual Amendments
F1S. 193(4)(b)(ii) substituted (22.3.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 69(4), 79(2)
F2S. 193(9A) inserted (30.9.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 60(2), 61(2); S.S.I. 2017/234, art. 2(2)(c)
Commencement Information
I1S. 193 in force at 5.10.2005 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)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: