Mental Health (Scotland) Act 1984

30 Duration of authority: hospital. S

(1) Subject to the provisions of this Part of this Act, a patient admitted to a hospital in pursuance of an application for admission may be detained in a hospital for a period not exceeding 6 months beginning with the day on which he was so admitted, but shall not be so detained for any longer period unless the authority for his detention is renewed under the following provisions of this section.

(2) Authority for the detention of a patient may, unless the patient has previously been discharged, be renewed under this section—

(a) from the expiration of the period referred to in subsection (1) of this section, for a further period of 6 months;

(b) from the expiration of any period of renewal under paragraph (a) of this subsection, for a further period of one year, and so on for periods of one year at a time.

(3) The responsible medical officer shall within the period of 2 months ending on the day when a patient who is liable to be detained in a hospital under this Part of this Act would cease to be so liable under this section in default of the renewal of the authority for his detention—

(a) examine the patient or obtain from another medical practitioner a report on the condition of the patient; and

(b) consult such other person or persons who appear to him to be principally concerned with the patient’s medical treatment,

and thereafter assess the need for the detention of the patient to be continued; and if it appears to him that the grounds set out in section 17(1) of this Act apply to the patient he shall furnish to the managers of the hospital where the patient is liable to be detained and to the Mental Welfare Commission a report to that effect in the prescribed form, along with the report first mentioned if such a report has been obtained.

(4) Subject to subsection (6) of this section and section 33(2) and (4) of this Act, where a report is duly furnished to the managers of a hospital under subsection (3) of this section, the authority for the detention of the patient shall be thereby renewed for the period prescribed in that case by subsection (2) of this section.

(5) Where a report under this section is furnished to them in respect of a patient, the managers of the hospital shall, unless they discharge the patient, cause him and his nearest relative [F1 and any guardian or welfare attorney of his] to be informed.

(6) Any patient may within the period for which the authority for his detention is renewed by virtue of a report furnished in respect of him under this section [F2 or section 31B of this Act] 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.

Textual Amendments

F1 Words in s. 30(5) inserted (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 17(11); S.S.I. 2001/81, art. 3, Sch. 2

F2 Words in s. 30(6) inserted (1.4.1996) by 1995 c. 52, ss. 5(2), 7(2)