{
  "url": "https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003/section-95",
  "json_url": "https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003/section-95.json",
  "legislation": "asp/2003/13",
  "legislation_title": "Mental Health (Care and Treatment) (Scotland) Act 2003",
  "legislation_url": "https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003",
  "path": "section/95",
  "kind": "section",
  "number": "95",
  "heading": "Application to Tribunal by responsible medical officer",
  "text": "An application under this section to the Tribunal by a patient’s responsible medical officer for an order varying a compulsory treatment order—\n(a) shall state\n(i) the matters mentioned in section 92(a)(i) to (iv) of this Act;\n(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\n(iii) if the mental health officer disagrees, the reason for that disagreement.and\n(b) shall be accompanied by such documents as may be prescribed by regulations.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 95 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2003/13/section/95",
    "retrieved_at": "2026-10-29T20:16:46.625109+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}