Mental Health Act 20266

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Duration and renewal of involuntary admission orders

22. (1) An involuntary admission order shall—

(a) authorise the reception, detention and care and treatment of the involuntarily admitted person concerned, and

(b) subject to subsections (2) and (3) and section 31 remain in force for 21 days after the date of its making, and then expire.

(2) A responsible consultant psychiatrist may extend by order (in this Act referred to as a “renewal order”) the period referred to in subsection (1) for a further period not exceeding 3 months commencing on the expiration of the involuntary admission order made in respect of the involuntarily admitted person.

(3) The further period referred to in subsection (2) may be extended by order made by a consultant psychiatrist for periods each of which does not exceed 3 months (each of which orders is also referred to in this Act as “a renewal order”).

(4) Where a responsible consultant psychiatrist proposes to extend an involuntary admission order under subsection (2) or (3), the responsible consultant psychiatrist shall—

(a) carry out an examination not more than 48 hours before the making of the proposed renewal order of the involuntarily admitted person, and

(b) consult with a mental healthcare professional (other than a consultant psychiatrist) on the staff of the registered acute mental health centre who is or will be involved in the care and treatment of the involuntarily admitted person regarding the proposed renewal order.

(5) Following an examination under subsection (4)(a), the consultant psychiatrist shall—

(a) if satisfied that the involuntarily admitted person continues to have a mental disorder which fulfils the criteria for involuntary admission, make a renewal order, or

(b) if not satisfied that the person has a mental disorder which fulfils the criteria for involuntary admission, refuse to make a renewal order.

(6) A renewal order shall be made in the form and manner specified by the Commission.