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Link to original content: http://www.legislation.gov.uk/asp/2003/13/section/182/data.akn

S. 182(5) modified (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Order 2005 (S.S.I. 2005/452), arts. 1, 20(2)

S. 182 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)

http://www.legislation.gov.uk/asp/2003/13/section/182Mental Health (Care and Treatment) (Scotland) Act 2003An Act of the Scottish Parliament to restate and amend the law relating to mentally disordered persons; and for connected purposes.texttext/xmlenStatute Law Database2024-05-20Expert Participation2024-04-17Part 10Compulsion orders and restriction ordersChapter 2Review of ordersAnnual review of orders
182Review of compulsion order and restriction order1

This section applies where a patient is subject to a compulsion order and a restriction order.

2

The patient’s responsible medical officer shall, during the period of 2 months ending with the relevant day, carry out a review in respect of both the compulsion order and restriction order by complying with the requirements set out in subsection (3) below.

3

Those requirements are—

a

to—

i

carry out a medical examination of the patient; or

ii

make arrangements for an approved medical practitioner to carry out such a medical examination;

b

to consider—

i

whether the conditions mentioned in subsection (4) below continue to apply in respect of the patient;

ii

whether, as a result of the patient’s mental disorder, it is necessary, in order to protect any other person from serious harm, for the patient to be detained in hospital, whether or not for medical treatment;

iii

whether it continues to be necessary for the patient to be subject to the compulsion order; and

iv

whether it continues to be necessary for the patient to be subject to the restriction order; and

c

to consult the mental health officer.

4

Those conditions are—

a

that the patient has a mental disorder;

b

that medical treatment which would be likely to—

i

prevent the mental disorder worsening; or

ii

alleviate any of the symptoms, or effects, of the disorder,

is available for the patient; and

c

that if the patient were not provided with such medical treatment there would be a significant risk—

i

to the health, safety or welfare of the patient; or

ii

to the safety of any other person.

5

In subsection (2) above, the “relevant day” means—

a

the day which falls 12 months after the day on which the compulsion order is made; or

b

where that relevant day has passed, the day falling on the same day in every year thereafter.