Mental Health (Scotland) Act 1984

21 Approval of applications by the sheriff: hospital. S

(1) An application for admission shall be submitted to a sheriff of the sheriffdom—

(a) within which the patient is resident at the time when the application is submitted; or

(b) where the patient is a resident patient in a hospital at the time when the application is submitted, within which the hospital is situated,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 within 7 days of the last date on which the patient was examined for the purposes of any medical recommendation accompanying the application.

(2) Subject to the following provisions of this section and to section 113 of this Act, the sheriff, in considering [F2 whether to approve] an application submitted to him under this section—

(a) may make such inquiries and hear such persons (including the patient) as he thinks fit; and

(b) where an application is the subject of objection by the nearest relative [F3 , guardian or welfare attorney, as the case may be] of the patient, shall afford that relative [F4 guardian or welfare attorney] and any witness that relative [F4 guardian or welfare attorney] may call an opportunity of being heard; and

(c) shall, where a mental health officer makes an application for admission in respect of a patient under section 19(6) of this Act and such application includes a statement of the mental health officer’s opinion that the application should not be granted, afford the mental health officer an opportunity of being heard.

(3) The sheriff shall not withhold approval to an application submitted under this section without affording to the applicant and any witness the applicant may call an opportunity of being heard.

[F5 (3A) Within five days (excluding Saturdays, Sundays and court holidays) of an application for admission being submitted, the sheriff shall—

(a) approve the application; or

(b) where he decides to hold a hearing before determining the application, hold such hearing.

(3B) An application for admission in respect of a patient who is detained in hospital under section 26 or 26A of this Act shall, when submitted to the sheriff, be sufficient authority for the continued detention of the patient under that section until the expiry of a period of five days (excluding Saturdays, Sundays and court holidays) from the date when the application was submitted.

(3C) Where a hearing in relation to an application for admission in respect of a patient who is detained in hospital under section 26 or 26A of this Act is, for whatever reason, adjourned, the authority for the detention of the patient under that section by virtue of subsection (3B) of this section shall continue until the application for admission is finally determined.]

(4) Any proceedings under this section shall, where the patient or applicant so desires or the sheriff thinks fit, be conducted in private.

(5) The sheriff in the exercise of the functions conferred on him by this section shall have the like jurisdiction, and the like powers as regards the summoning and examination of witnesses, the administration of oaths, the awarding of expenses, and otherwise, as if he were acting in the exercise of his civil jurisdiction.

[F6 (6) For the purposes of this section, an application is submitted to the sheriff when it is lodged with his sheriff clerk.]

Textual Amendments

F1 Words repealed by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 39:1), s. 51(2)(a)

F2 Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 39:1), s. 51(2)(b)

F3 Words in s. 21(2)(b) inserted (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 17(5)(a); S.S.I. 2001/81, art. 3, Sch. 2

F4 Words in s. 21(2)(b) inserted (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 17(5)(b); S.S.I. 2001/81, art. 3, Sch. 2

F5 S. 21(3A)-(3C) inserted (9.3.1992) by Mental Health (Detention) (Scotland) Act 1991 (c. 47, SIF 85), s. 2(2); S.I. 1992/357, art. 2

F6 S. 21(6) inserted (9.3.1992) by Mental Health (Detention) (Scotland) Act 1991 (c. 47, SIF 85), s. 2(3); S.I. 1992/357, art. 2