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Link to original content: http://www.legislation.gov.uk/asp/2003/13/section/11/2005-10-05
Version Superseded: 01/08/2010
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Mental Health (Care and Treatment) (Scotland) Act 2003, Section 11 is up to date with all changes known to be in force on or before 01 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)If it appears to the Commission that any of the circumstances mentioned in subsection (2) below apply in respect of a patient, the Commission may—
(a)carry out such investigation as it considers appropriate into the patient’s case; and
(b)make such recommendations as it considers appropriate as respects the case.
(2)Those circumstances are—
(a)that the patient may be unlawfully detained in hospital;
(b)that the patient is detained in hospital and the detention is authorised by virtue of—
(i)this Act; or
(ii)the 1995 Act;
(c)that the patient, though not detained in hospital, is subject to—
(i)a compulsory treatment order;
(ii)an interim compulsory treatment order;
(iii)an emergency detention certificate;
(iv)a short-term detention certificate;
(v)a compulsion order;
(vi)an interim compulsion order;
(vii)an assessment order;
(viii)a treatment order;
(ix)a hospital direction; or
(x)a transfer for treatment direction;
(d)that the patient may be, or may have been, subject, or exposed, to—
(i)ill-treatment;
(ii)neglect; or
(iii)some other deficiency in care or treatment;
(e)that, because of the mental disorder, the patient’s property—
(i)may be suffering, or may have suffered, loss or damage; or
(ii)may be, or may have been, at risk of suffering loss or damage;
(f)that the patient may be—
(i)living alone or without care; and
(ii)unable to look after himself or his property or financial affairs.
Commencement Information
I1S. 11 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)
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