40Content and effect of assessment order

40 Content and effect of assessment order (1) An assessment order (including an emergency assessment order) (a) state the nature of the assessment to be conducted; and (b) state the approved mental health facility or other place at which the assessment is to be conducted and, if appropriate, the person who is to conduct the assessment; and (c) if the assessment is to be conducted at an approved mental health facility— (i) direct the person to be assessed to attend the facility and, if necessary and reasonable, stay at the facility until the assessment has been conducted; and

(ii) direct the person in charge of the facility to— (A) if appropriate, admit the person to be assessed to the facility to conduct the assessment; and (B) if necessary and reasonable, detain the person at the facility until the assessment has been conducted; and (C) provide the assistance that is necessary and reasonable to conduct the assessment. (2) An assessment order (including an emergency assessment order) authorises— (a) the conduct of the assessment stated in the order; and (b) anything necessary and reasonable to be done to conduct the assessment. (3) In making an assessment order (other than an emergency assessment order), the ACAT must explain the effect of section 58 (Psychiatric treatment order) or section 66 (Community care order) to the person in relation to whom the order is to be made, in a way that the person is most likely to understand. Note Under s 58 and s 66, an application is not required for a psychiatric treatment order or community care order in relation to a person who has been assessed under an assessment order as having a mental disorder or mental illness.