sec.504Decision on application

sec.504 Decision on application

In deciding the application, the tribunal must issue, or refuse to issue, an examination authority for the person. However, the tribunal may issue an examination authority for the person only if the tribunal considers— the person has, or may have, a mental illness; and the person does not, or may not, have capacity to consent to be treated for the mental illness; and either— reasonable attempts have been made to encourage the person to have a voluntary examination relating to the person’s mental illness; or it is not practicable to attempt to encourage the person to have a voluntary examination relating to the person’s mental illness; and there is, or may be, an imminent risk, because of the person’s mental illness, of— serious harm to the person or someone else; or the person suffering serious mental or physical deterioration. An examination authority must— be in the approved form; and state the authorised mental health service responsible for the examination of the person under the authority. s 504 amd 2017 No. 3 s 40 (sec.504-ssec.1) In deciding the application, the tribunal must issue, or refuse to issue, an examination authority for the person. (sec.504-ssec.2) However, the tribunal may issue an examination authority for the person only if the tribunal considers— the person has, or may have, a mental illness; and the person does not, or may not, have capacity to consent to be treated for the mental illness; and either— reasonable attempts have been made to encourage the person to have a voluntary examination relating to the person’s mental illness; or it is not practicable to attempt to encourage the person to have a voluntary examination relating to the person’s mental illness; and there is, or may be, an imminent risk, because of the person’s mental illness, of— serious harm to the person or someone else; or the person suffering serious mental or physical deterioration. (sec.504-ssec.3) An examination authority must— be in the approved form; and state the authorised mental health service responsible for the examination of the person under the authority. s 504 amd 2017 No. 3 s 40

• (a) the person has, or may have, a mental illness; and
• (b) the person does not, or may not, have capacity to consent to be treated for the mental illness; and
• (c) either— (i) reasonable attempts have been made to encourage the person to have a voluntary examination relating to the person’s mental illness; or (ii) it is not practicable to attempt to encourage the person to have a voluntary examination relating to the person’s mental illness; and
• (i) reasonable attempts have been made to encourage the person to have a voluntary examination relating to the person’s mental illness; or
• (ii) it is not practicable to attempt to encourage the person to have a voluntary examination relating to the person’s mental illness; and