Section 102 Powers of Tribunal on review under section 101I1

(1)

On the review of a determination under section 101 of this Act, the Tribunal may make an order under this section—

(a)

revoking the determination;

(b)

revoking both the determination and the compulsory treatment order;

(c)

confirming the determination; or

(d)

confirming the determination and varying the compulsory treatment order by modifying—

(i)

the measures; or

(ii)

any recorded matter,

specified in it.

(2)

Before making a decision under subsection (1) above, the Tribunal shall allow the persons mentioned in subsection (3) below the opportunity—

(a)

of making representations (whether orally or in writing); and

(b)

of leading, or producing, evidence.

(3)

Those persons are—

(a)

the patient;

(b)

the patient’s named person;

(c)

any guardian of the patient;

(d)

any welfare attorney of the patient;

(e)

the mental health officer;

(f)

the patient’s responsible medical officer;

(g)

the patient’s primary carer;

(h)

any curator ad litem appointed in respect of the patient by the Tribunal; and

(i)

any other person appearing to the Tribunal to have an interest in the determination.

Annotations

I1: S. 102 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)