Mental Treatment Act, 1945

Making of private patient reception order.

178.—(1) A registered medical practitioner who accepts an application made to him for a private patient reception order shall arrange with another registered medical practitioner for two separate examinations, one by himself and the other by such other practitioner, of the person to whom the application relates and, after such examinations, the practitioners shall either—

(a) if they are each separately satisfied that it is proper to make the order, forthwith make it in the prescribed form, or

(b) in any other case, refuse to make the order.

(2) The following provisions shall have effect in relation to a private patient reception order:—

(a) the order shall not be signed by the applicant for the order or by the husband or wife, father, step-father or father-in-law, mother, step-mother or mother-in-law, son, step-son or son-in-law, daughter, step-daughter or daughter-in-law, brother, step-brother or brother-in-law, sister, step-sister or sister-in-law, guardian or trustee, or partner or assistant of the applicant for the order, or of the person to whom the order relates;

(b) the order shall state the date or dates of the medical examination under this section of the person to whom the order relates;

(c) the order shall certify that the person to whom the application relates is of unsound mind, is a proper person to be taken charge of and detained under care and treatment, and is unlikely to recover within six months from the date of the order;

(d) the order shall state the facts upon which the registered medical practitioners signing, the order have formed the opinion that the person to whom the order relates is of unsound mind, distinguishing facts observed personally and facts communicated by others;

(e) the order shall not be made after the seventh day after the day on which it is applied for.