73Authorised psychiatrist must examine eligible patient (other than forensic patient) again in specified circumstances

73 Authorised psychiatrist must examine eligible patient (other than forensic patient) again in specified circumstances

(1) If a report under section 72 (other than a report in relation to a forensic patient) expresses the opinion that the criteria for the relevant order do not apply to the eligible patient, the authorised psychiatrist must—

(a) examine the eligible patient as soon as practicable after receiving a copy of the report; and

(b) determine whether the criteria for the relevant order apply to the eligible patient.

(2) If the authorised psychiatrist determines that the criteria for an order to which the eligible patient (other than a forensic patient) is subject apply, the authorised psychiatrist must—

(a) give the eligible patient the reasons for the determination; and

(b) advise the eligible patient that they have the right to apply to the Mental Health Tribunal—

(i) for a determination as to whether the criteria for the order apply to the eligible patient; or

(ii) for revocation of the order.

(3) For the purposes of subsection (2), the authorised psychiatrist must do so—

(a) orally as soon as practicable after the determination is made; and

S. 73(3)(b) amended by No. 20/2023 s. 4(1).

(b) in writing within 10 business days after the determination is made.

S. 73(4) amended by No. 20/2023 s. 4(2).

(4) The authorised psychiatrist must give written reasons for the determination within 10 business days after the determination is made to—

(a) the person who requested the second psychiatric opinion on behalf of the eligible patient; and

(b) the eligible patient's nominated support person; and

(c) a guardian of the eligible patient; and

(d) a carer of the eligible patient, if the psychiatrist is satisfied that the second opinion will directly affect the carer and the care relationship; and

(e) a parent of the eligible patient, if the eligible patient is under the age of 16 years; and

(f) the DFFH Secretary, if that Secretary has parental responsibility for the person under a relevant child protection order.