Section 60 Appeal against orders for medical examinationI1

(1)

A person mentioned in subsection (2) may appeal to the sheriff principal against the making of an order under section 34(1) authorising the medical examination of a person.

(2)

The person referred to in subsection (1) is—

(a)

the person in relation to whom the order applies; or

(b)

any person having an interest in the welfare of such a person.

(3)

An appeal under this section must be made before the expiry of the period of 7 days beginning with the day on which the order appealed against is made.

(4)

On an appeal under this section, the sheriff principal may—

(a)

confirm the order;

(b)

revoke the order;

(c)

modify the order;

(d)

where, before the appeal was made, the medical examination authorised by the order had been carried out, make an order declaring that the order was invalid;

(e)

make such other order as the sheriff principal considers appropriate.

(5)

The decision of the sheriff principal on an appeal under this section is final.

Annotations

Commencement

I1: S. 60 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1