Mental Health (Renewal Orders) Act 2018

Amendment of section 15 of Act of 2001

4. Section 15 of the Act of 2001 is amended by the substitution of the following subsection for subsection (3):

“(3) (a) The period referred to in subsection (1) may be further extended by order made by the consultant psychiatrist concerned for a period not exceeding 6 months beginning on the expiration of the renewal order made by the psychiatrist under subsection (2) and thereafter may be further extended by order made by the psychiatrist for periods each of which does not exceed 6 months (each of which orders is also referred to in this Act as ‘a renewal order’).

(b) Subject to paragraphs (c) and (d), a patient detained pursuant to any renewal order made under paragraph (a) for a period exceeding 3 months, or his or her legal representative, on the instructions of the patient or on the representative’s own initiative, may make one application per renewal order period, in a form specified by the Commission for the purpose, in respect of that renewal order to the Commission to have his or her detention reviewed by a tribunal in accordance with the provisions of section 18.

(c) An application referred to in paragraph (b) shall be made to the Commission not earlier than 3 months from the date on which the renewal order concerned was made under paragraph (a).

(d) For the purposes of a review conducted pursuant to an application referred to in paragraph (b), subsection (1) of section 18 shall be read as if paragraph (a) of that subsection were deleted therefrom and the following paragraph were substituted therefor:

‘(a) if satisfied that the patient is suffering from a mental disorder, affirm the order, or’ ”.