Mental Health (Scotland) Act 1984

19 General provisions as to applications: hospital. S

(1) Subject to the provisions of this section, an application for admission may be made [F1 by the nearest relative of the patient, by a mental health officer, or by a guardian or welfare attorney of the patient who has powers to do so]; and every such application shall be addressed to the managers of the hospital to which admission is sought.

(2) The nearest relative [F2 , guardian or welfare attorney, as the case may be,] of the patient shall not make an application for admission unless he has personally seen the patient within the period of 14 days ending with the date on which the proposed application is submitted to the sheriff for his approval.

(3) A local authority shall, if so required by the nearest relative [F3 , guardian or welfare attorney, as the case may be] of a patient residing in their area, direct a mental health officer as soon as practicable to take the patient’s case into consideration with a view to making an application for admission in respect of the patient; and if in any such case that officer decides not to make an application he shall inform the nearest relative [F3 , guardian or welfare attorney, as the case may be] of his reasons in writing.

(4) A mental health officer shall make an application for admission in respect of a patient within the area of the local authority by whom that officer was appointed in any case where he is satisfied that such an application ought to be made and is of the opinion, having regard to any wishes expressed by relatives of the patient [F4 or by a guardian or welfare attorney of the patient] and to any other relevant circumstances, that it is necessary or proper for the application to be made by him.

(5) A mental health officer who proposes to make an application for admission shall—

(a) interview the patient within the period of 14 days ending with the date on which the proposed application is submitted to the sheriff for his approval and satisfy himself that detention in a hospital is, in all the circumstances of the case, the most appropriate way of providing the care and medical treatment which the patient needs; and

(b) take such steps as are reasonably practicable to inform the nearest relative [F5 and any guardian or welfare attorney] of the patient of the proposed application, and of his right to object thereto in accordance with the provisions of section 21 of this Act.

(6) A mental health officer shall make an application for admission in respect of a patient where—

(a) he has received the 2 medical recommendations required for the purposes of such an application; and

(b) he has been requested to do so by a medical practitioner who gave one of the medical recommendations,

and the application shall include—

(i) a statement of the mental health officer’s opinion as to whether or not the application should be granted; and

(ii) a statement of the grounds on which that opinion is based.

(7) An application under this section by a mental health officer may be made outside the area of the local authority by whom he is appointed.

Textual Amendments

F1 Words in s. 19(1) substituted (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 17(3)(a); S.S.I. 2001/81, art. 3, Sch. 2

F2 Words in s. 19(2) inserted (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 17(3)(b); S.S.I. 2001/81, art. 3, Sch. 2

F3 Words in s. 19(3) inserted (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 17(3)(c); S.S.I. 2001/81, art. 3, Sch. 2

F4 Words in s. 19(4) inserted (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 17(3)(d); S.S.I. 2001/81, art. 3, Sch. 2

F5 Words in s. 19(5)(b) inserted (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 17(3)(e); S.S.I. 2001/81, art. 3, Sch. 2