Coronavirus Act 2020

Detention for treatment

8 (1) A relevant medical practitioner may, during the period for which a patient is detained for assessment by virtue of Article 9(8) (as modified by paragraph 6(4)) (the “extended assessment period”)—

(a) examine a patient who is detained for assessment by virtue of Article 9(8), and

(b) furnish to the responsible authority a report of the examination,

if the practitioner considers that it would be impractical for an RQIA practitioner to carry out the examination of the patient and furnish the report of that examination under Article 12(1) during that period.

(2) For the purposes of sub-paragraph (1), sub-paragraphs (a) to (d) of Article 12(1) apply as if the reference in each to “his opinion” were a reference to the relevant medical practitioner’s opinion.

(3) A report in reliance on this paragraph must be in the form prescribed under paragraph (1) of Article 12 for a report under that sub-paragraph (Form 10), but as if for the sentence beginning “I [full name and professional address of medical practitioner]” there were substituted—

“I [full name and professional address of medical practitioner], a relevant medical practitioner in accordance with paragraph 8 of Schedule 10 to the Coronavirus Act 2020, examined this patient on [date].”

(4) Article 12(2) applies in relation to a report in reliance on this paragraph as it applies to a report under Article 12(1).

(5) A report by a relevant medical practitioner in reliance on sub-paragraph (1) must be accompanied by a written statement by the practitioner specifying that—

(a) the practitioner is of the opinion referred to in sub-paragraph (1), and

(b) the practitioner has the experience required by this paragraph (see sub-paragraph (9)).

(6) Where, before the end of the extended assessment period—

(a) an examination of a patient is carried out and a report is furnished in reliance on this paragraph, and

(b) the report is accompanied by a written statement in accordance with sub-paragraph (5),

the report is sufficient authority for the responsible authority to detain the patient in hospital for treatment for a period not exceeding 28 days from the end of the extended assessment period, pending an examination of the patient by an RQIA practitioner.

(7) Where an RQIA practitioner examines the patient and furnishes a report of the examination under Article 12(1) before the end of the period of 28 days referred to in sub-paragraph (6), the report has the same effect as if the RQIA practitioner had examined the patient and furnished the report before the end of the extended assessment period.

(8) The responsible authority must immediately forward to RQIA a copy of any report furnished to it in reliance on this paragraph.

(9) In this paragraph, a “relevant medical practitioner” means a medical practitioner who—

(a) is not an RQIA practitioner, and

(b) has at least 5 years’ experience of working with mental health patients, of which at least one year’s experience must have been of working with patients who were detained for treatment.