[F1F235F Appeal against community care order.S
(1)Any patient subject to a community care order may, at any time when the order is in force following renewal under section 35C(5) of this Act, appeal to the sheriff for revocation of the order.
(2)An appeal under subsection (1) above shall be by way of summary application and shall be made to the sheriff of the sheriffdom within which the patient is resident.
(3)On an appeal under subsection (1) above—
(a)if the sheriff is satisfied that the patient—
(i)does not require to be subject to a community care order with a view to ensuring that he receives medical treatment and after-care services provided for him under section 8 of this Act; and
(ii)does not require to be subject to such an order in the interests of his health or safety or with a view to the protection of other persons,
he shall revoke the order; and
(b)in any other case, the sheriff shall refuse the appeal and affirm the order, either without amendment or subject to such variation as he considers appropriate.
(4)Where, under subsection (3)(a) above, the sheriff revokes a community care order he may order that the revocation shall have effect either immediately or from such date, not later than 28 days after the date of his decision, as he may specify.
(5)The special medical officer shall notify the patient’s after-care officer of any revocation or variation of a community care order under this section.]
Textual Amendments
F1Ss. 35A-35K inserted (1.4.1996) by 1995 c. 52, ss. 4(1), 7(2)
F2S. 35F inserted (1.4.1996) by 1995 c. 52, ss. 4(1), 7(2)