Rule 3.39.5 Application for a short term detention orderF1

An application made by a health board for a short term detention order under section 42(1) of the Act (order for removal to and detention in hospital) shall be in Form 42.

An application made by a health board for a short term detention order under section 43(1) of the Act (order for detention in hospital) shall be in Form 44.

On receipt of an application mentioned in paragraph (1) or (2), the sheriff may order intimation of the application to such persons, within such a timescale and by such method as he sees fit.

Where a short term detention order is granted by the sheriff under section 42(1) of the Act it shall be in Form 43.

Where a short term detention order is granted by the sheriff under section 43(1) of the Act it shall be in Form 45.

Subject to the requirements of sections 42(4)(b)(i) and (ii) and 43(4)(b)(i) and (ii) of the Act, where a short term detention order is granted under section 42(1) or 43(1) of the Act, the sheriff may direct that the order be notified to such persons, within such a timescale and by such method as he sees fit.

For the avoidance of doubt, the method of intimation or notification referred to in paragraphs (3) and (6) may include intimation or notification by telephone, email or facsimile transmission.