Mental Health (Scotland) Act 1984

[F1 F2 35G Admission to hospital for reassessment. S

(1) This section applies where, as respects a patient in respect of whom a community care order is in force, the special medical officer, after consulting the persons mentioned in subsection (2) below, considers that the patient’s mental condition—

(a) has, since the making of the order or, where the order has been renewed under section 35C(5) of this Act, the most recent renewal, deteriorated; and

(b) is, or is likely to become, such as to give grounds for serious concern regarding his health or safety or the protection of other persons.

(2) The persons referred to in subsection (1) above are—

(a) [F3 any guardian of the patient, and]if practicable and the patient does not object, his nearest relative [F3 and any welfare attorney of the patient];

(b) the other persons concerned with the patient’s medical treatment;

(c) the patient’s after-care officer;

(d) the other persons professionally concerned with any aspect of the after-care services provided for the patient under section 8 of this Act; and

(e) any person who the special medical officer believes plays a substantial part in the care of the patient but is not professionally concerned with the after-care services so provided.

(3) If the patient has a propensity to violent or dangerous behaviour the special medical officer may consult the patient’s nearest relative [F4 and any welfare attorney of the patient,] notwithstanding any objection by the patient to such consultation under subsection (2)(a) above.

(4) Where this section applies, the special medical officer shall—

(a) examine the patient and prepare a report on his condition; and

(b) arrange for another medical practitioner to carry out such an examination and provide such a report.

(5) Where both reports conclude that—

(a) the patient is suffering from mental disorder of a nature or degree which makes it appropriate for him to be admitted to and detained in a hospital for assessment, or for assessment followed by medical treatment, for at least a limited period; and

(b) he ought to be so admitted and detained in the interests of his own health or safety or with a view to the protection of other persons,

the special medical officer may, with the consent of the patient’s after-care officer, direct the patient to attend a hospital specified in the direction to be admitted and detained there by virtue of this section, and the direction shall be sufficient authority for the patient’s removal to the hospital so specified and for his admission to and detention in that hospital in accordance with this section.

(6) Reports under subsection (4) above and directions under subsection (5) above shall be in the prescribed form.

(7) The special medical officer shall send a copy of the reports under subsection (4) above and of the direction under subsection (5) above to—

(a) any person who has been consulted under subsection (2)(a) or (e) or (3) above;

(b) the Mental Welfare Commission;

(c) the managers of the hospital specified in the direction; and

(d) the patient’s after-care officer.

(8) Subject to section 35H(4)(b) of this Act, a patient admitted to a hospital by virtue of this section may be detained there for a period not exceeding 7 days beginning with the day on which he is admitted and shall not be further detained in a hospital by virtue of this section immediately after the expiry of the period of detention.

(9) While a patient is detained in a hospital by virtue of this section the period for which, under section 35C of this Act, the community care order has effect shall continue to run but the conditions to which he is subject under the order shall not apply in relation to him.]

Textual Amendments

F1 Ss. 35A-35K inserted (1.4.1996) by 1995 c. 52, ss. 4(1), 7(2)

F2 S. 35G inserted (1.4.1996) by 1995 c. 52, ss. 4(1), 7(2)

F3 Words in s. 35G(2)(a) inserted (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 17(20)(a); S.S.I. 2001/81, art. 3, Sch. 2

F4 Words in s. 35G(3) inserted (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 17(20)(b); S.S.I. 2001/81, art. 3, Sch. 2