Mental Health (Scotland) Act 1984

[26A F1 Interim detention. S

(1) This section applies where—

(a) a patient is detained in a hospital under section 26 of this Act;

(b) a change in the condition of the patient makes it necessary in the interests of his own health or safety or with a view to the protection of other persons that the patient continue to be detained after the expiry of the period of 28 days referred to in subsection (3) of that section; and

(c) no application for admission has been submitted to the sheriff in respect of the patient and it is not reasonably practicable to submit such an application before the expiry of that period.

(2) Where this section applies, a relevant medical practitioner may lodge with the sheriff clerk for a sheriff of the sheriffdom within which the hospital is situated a report on the condition of the patient complying with the following provisions of this section and such report shall, when so lodged, be sufficient authority for the continued detention of the patient in the hospital where he is until the expiry of a period of three days (excluding Saturdays, Sundays and court holidays) from the date when the report was lodged.

(3) In this section “relevant medical practitioner” means a medical practitioner who—

(a) is approved for the purposes of section 20(1)(b) of this Act; and

(b) has personally examined the patient.

(4) A report referred to in subsection (2) of this section shall not be lodged unless, where practicable, the consent of the nearest relative [F2 or any guardian or welfare attorney who has powers to do so]] of the patient or of a mental health officer has been obtained.

(5) A report referred to in subsection (2) of this section shall include—

(a) a statement by the relevant medical practitioner that in his opinion—

(i) the patient is suffering from mental disorder of a nature or degree which makes it appropriate for him to be detained in a hospital for at least a limited period; and

(ii) the patient ought to be so detained in the interests of his own health or safety or with a view to the protection of other persons;

(b) a statement that such a consent as is mentioned in subsection (4) of this section has been obtained or, as the case may be, a statement of the reasons for the failure to obtain that consent; and

(c) a statement as to whether the relevant medical practitioner is related to the patient and of any pecuniary interest that the relevant medical practitioner may have in the continued detention of the patient in hospital.

(6) Where a patient is detained in a hospital under this section, the relevant medical practitioner shall forthwith so inform—

(a) the Mental Welfare Commission;

(b) where practicable, the nearest relative [F3 and any guardian or welfare attorney] of the patient (except where the nearest relative [F3 , guardian or welfare attorney, as the case may be] has consented under subsection (4) of this section); and

(c) the local authority (except where a mental health officer appointed by that authority has consented under subsection (4) of this section),

and shall inform the patient of his right of appeal under subsection (7) of this section and of the period within which it may be exercised.

(7) A patient who is detained in hospital under this section may, within the period referred to in subsection (2) of this section, appeal to the sheriff to order his discharge and the provisions of section 33(2) and (4) of this Act shall apply in relation to such an appeal.

(8) Where a patient is detained in hospital under this section the authority for his detention under section 26 of this Act shall cease.

(9) Subject to section 21(3B) and (3C) of this Act, a patient who has been detained in a hospital under this section shall not be further detained under this section nor detained under section 24 or 26 of this Act immediately after the expiry of the period of detention under this section.

Textual Amendments

F1 S. 26A inserted (9.3.1992) by Mental Health (Detention) (Scotland) Act 1991 (c. 47, SIF 85), s.1; S.I. 1992/357, art. 2

F2 Words in s. 26A(4) inserted (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 17(9)(a); S.S.I. 2001/81, art. 3, Sch. 2

F3 Words in s. 26A(6)(b) inserted (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 17(9)(b); S.S.I. 2001/81, art. 3, Sch. 2