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Mental Health (Scotland) Act 1984
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Changes over time for: Section 35I
Version Superseded: 01/04/2002
Alternative versions:
- 01/04/1996- Amendment
- 11/01/2000
Point in time - 01/04/2002- Amendment
- 05/10/2005- Amendment
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F135I Revocation of community care order.S
(1)Where the special medical officer, after consulting the persons mentioned in subsection (2) below, considers that the patient—
(a)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
(b)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 shall notify the patient, his nearest relative (if practicable), his after-care officer, any person falling within subsection (2)(e) below and the Mental Welfare Commission of the revocation.
(2)The persons to be consulted under subsection (1) above are—
(a)the patient and, if practicable and the patient does not object, his nearest relative;
(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 notwithstanding any objection by the patient to such consultation under subsection (2)(a) above.
(4)Where the Mental Welfare Commission consider that the patient—
(a)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
(b)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,
they shall revoke the order and shall notify the persons mentioned in subsection (5) below of the revocation.
(5)The persons to be notified under subsection (4) above are—
(a)the patient and (if practicable) his nearest relative;
(b)the patient’s special medical officer;
(c)the patient’s after-care officer; and
(d)any person who the Mental Welfare Commission believes plays a substantial part in the care of the patient but is not professionally concerned with the after-care services provided for the patient under section 8 of this Act.
Textual Amendments
F1S. 35I inserted (1.4.1996) by 1995 c. 52, ss. 4(1), 7(2)
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