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Section 95 Application to Tribunal by responsible medical officerI1I2

Scotland

An application under this section to the Tribunal by a patient’s responsible medical officer for an order varying a compulsory treatment order—

(a)

shall state

(i)

F1the matters mentioned in section 92(a)(i) to F2(iv) of this Act;

F3(ii)

whether the mental health officer agrees, or disagrees that the application should be made, or has failed to comply with the duty imposed by section 93(4C)(e)(i) of this Act; and

(iii)

if the mental health officer disagrees, the reason for that disagreement.and

(b)

shall be accompanied by such documents as may be prescribed by regulations.

Annotations

Textual amendments

F1

Words in s. 95(a) renumbered as s. 95(a)(i) (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(3)(b)

F2

Word in s. 95(a) substituted (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(3)(a)

F3

S. 95(a)(ii)(iii) inserted (2.12.2004) by Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (S.S.I. 2004/533), arts. 1, 2(3)(c)

Commencement

I1

S. 95 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

I2

S. 95 in force at 5.10.2005 in so far as not already in force 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)