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Taking, conveying and detention in certain cases.
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5.—(1) Where, in the case of an application under section 184 or section 185 of the Principal Act, a medical certificate under the section has been given, the following provisions shall have effect:—
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(a) the applicant or any person authorised by him may, not later than seven days after the date of the examination, take the person to whom the application relates and convey him to the institution in which it is desired to have him received and detained;
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(b) if the power conferred by paragraph (a) of this subsection is exercised—
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(i) any of the persons specified in subsection (4) of this section may receive and take charge of the person to whom the application relates and detain him until the expiration of a period of twelve hours or, if the application is granted or refused during that period, until it is granted or refused, and
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(ii) where the application is granted, so much of subsection (1) of section 186 of the Principal Act as relates to the taking and conveying of the person to whom the application relates to the approved institution and to receiving him therein shall not apply.
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(2) In subsection (1) of this section “the date of the examination” means—
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(a) in the case of an application under section 184 of the Principal Act, the date of the examination as specified in the relevant medical certificate, and
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(b) in the case of an application under section 185 of the Principal Act—
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(i) where the examinations to which the relevant medical certificate relates were made on the same date, that date, and
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(ii) where the examinations to which the relevant medical certificate relates were made on different dates, the earlier of those dates.
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(3) (a) Notwithstanding subsection (1) of this section, where a medical certificate has been given under section 184 of the Principal Act and it is proposed to exercise the power conferred by paragraph (a) of that subsection—
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(i) the applicant shall, before exercising the said power, inform the person to whom the application relates of the nature of the medical certificate and of the fact that such person may request a second medical examination, and
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(ii) if such request is made, the said power shall not be exercised unless such second examination has been made and the registered medical practitioner who made it has signified in writing that he agrees with the medical certificate.
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(b) A registered medical practitioner shall not signify under this subsection his agreement with a medical certificate relating to a person if such practitioner is 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, or guardian or trustee of the person.
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(4) The persons entitled to receive and take charge of a person under this section shall be the person in charge of the approved institution in which it is desired to have such person received and detained and his officers, assistants, and servants and any medical officer of such institution.
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