Mental Health Act 2013

Despite section 36, a single member of the Tribunal may make an interim treatment order in respect of a person if, but only if, the member is satisfied that – an approved medical practitioner has applied for a treatment order in respect of the person; and the requirements of section 37 appear to have been met in respect of the application; and the person meets the treatment criteria; and the Tribunal cannot immediately determine the application; and the delay that would be involved in awaiting a decision of the Tribunal under section 39 should the interim treatment order not be made would, or is likely to, seriously harm – the person's health or safety; or the safety of other persons.

An interim treatment order may include a requirement – that the treatment setting for a patient be – an approved facility (other than an SMHU), or a premises or place, specified in the order; or a type of approved facility (other than an SMHU), or a type of premises or place, specified in the order; and that, for the purposes of receiving treatment, a patient may be admitted to and, if necessary, detained in – an approved facility (other than an SMHU) specified in the order; or a type of approved facility (other than an SMHU) specified in the order.

An interim treatment order may provide for a combination of treatment settings and for the admission and re-admission of the patient to those settings.

Despite subsection (2), the Tribunal member is not to make an interim treatment order requiring a patient who is a child to be admitted to and, if necessary, detained in an approved hospital for the purposes of receiving treatment unless the member is satisfied that the hospital – has facilities and staff for the treatment and care of the patient; and is, in the circumstances, the most appropriate place available to accommodate the patient.

The Tribunal member may make the interim treatment order on the basis of the application alone, without any hearing or further investigation.

Section 41 applies in relation to the making of an interim treatment order.

If an interim treatment order is made, the order is, for all purposes, taken to be a treatment order made by the Tribunal except that sections 43, 44 and 48 do not apply in relation to the order.

The interim treatment order – takes effect as soon as it is made; and continues in effect, subject to subsection (8), until the application is determined by the Tribunal.

Any Tribunal member may revoke or amend the interim treatment order at any time.

The interim treatment order lapses after 10 days (calculated from the precise time it is made) if, by then, the Tribunal has not determined the application.