- Latest available (Revised)
- Point in Time (16/05/2014)
- Original (As enacted)
Point in time view as at 16/05/2014.
Mental Health (Care and Treatment) (Scotland) Act 2003, Section 64 is up to date with all changes known to be in force on or before 12 September 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)This section applies where an application is made under section 63 of this Act.
(2)Before determining the application, the Tribunal shall afford the persons mentioned in subsection (3) below the opportunity—
(a)of making representations (whether orally or in writing); and
(b)of leading, or producing, evidence.
(3)Those persons are—
(a)the patient;
(b)the patient’s named person;
(c)any guardian of the patient;
(d)any welfare attorney of the patient;
(e)the mental health officer;
(f)the medical practitioners who submitted the mental health reports which accompany the application;
(g)if the patient has a responsible medical officer, that officer;
(h)the patient’s primary carer;
(i)any curator ad litem appointed in respect of the patient by the Tribunal; and
(j)any other person appearing to the Tribunal to have an interest in the application.
(4)The Tribunal may—
(a)if satisfied that all of the conditions mentioned in subsection (5) below are met, make an order—
(i)authorising, for the period of 6 months beginning with the day on which the order is made, such of the measures mentioned in section 66(1) of this Act as may be specified in the order;
(ii)specifying such medical treatment, community care services, relevant services, other treatment, care or service as the Tribunal considers appropriate (any such medical treatment, community care services, relevant services, other treatment, care or service so specified being referred to in this Act as a “recorded matter”);
(iii)recording (by reference to the appropriate paragraph (or paragraphs) of the definition of “mental disorder” in section 328(1) of this Act) the type (or types) of mental disorder that the patient has; and
(iv)if the order does not authorise the detention of the patient in hospital, specifying the name of the hospital the managers of which are to have responsibility for appointing the patient’s responsible medical officer; or
(b)refuse the application.
(5)The conditions referred to in subsection (4)(a) above are—
(a)that the patient has a mental disorder;
(b)that medical treatment which would be likely to—
(i)prevent the mental disorder worsening; or
(ii)alleviate any of the symptoms, or effects, of the disorder,
is available for the patient;
(c)that if the patient were not provided with such medical treatment there would be a significant risk—
(i)to the health, safety or welfare of the patient; or
(ii)to the safety of any other person;
(d)that because of the mental disorder the patient’s ability to make decisions about the provision of such medical treatment is significantly impaired;
(e)that the making of a compulsory treatment order in respect of the patient is necessary; and
(f)where the Tribunal does not consider it necessary for the patient to be detained in hospital, such other conditions as may be specified in regulations.
(6)Subject to subsection (7) below, an order under subsection (4)(a) above may, in addition to, or instead of, specifying some or all of the measures sought in the application to which the order relates, specify measures other than those set out in that application.
(7)The Tribunal may specify in the order under subsection (4)(a) above measures other than those set out in the application only if, before making the order—
(a)subject to subsection (8) below, the Tribunal gives notice to the persons mentioned in subsection (3) above—
(i)stating what it is proposing to do; and
(ii)setting out what those measures are;
(b)the Tribunal affords those persons the opportunity—
(i)of making representations (whether orally or in writing) in relation to the proposal; and
(ii)of leading, or producing, evidence.
(8)Where the duty under subsection (7)(a) above arises during a hearing of the application, notice need not be given under that subsection to any person mentioned in subsection (3) above who is present at the hearing.
(9)Before making regulations under subsection (5)(f) above, the Scottish Ministers shall consult such persons as they consider appropriate.
Commencement Information
I1S. 64 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1
I2S. 64 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)
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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: