LEVEL TWO AMENDMENTS
17. The proposed amendments in this category would have the effect of suspending the Tribunal's decision making role either nationally or in a particular part of Scotland. The powers would only be used if the proposed Oversight Group advise Scottish Ministers that the Tribunal is no longer in a position to manage its casework, due to exceptional staff absences within part or all of the system which have the consequence that it is no longer possible for the Tribunal to continue to function safely or effectively.
New Civil Patients
18. New civil orders could be granted by a medical practitioner or others with the power to act as a medical practitioner. In order to distinguish these orders granted in the particular circumstances of a civil emergency they would be called "Extraordinary Mental Health Compulsory Treatment Orders". The test for putting in place an order would be the test for granting an emergency order and the Responsible Medical Officer would be required to keep the need for the order under review as is currently the case, and revoke the order as appropriate.
19. The Mental Welfare Commission would also have the power to revoke a "Extraordinary Mental Health Compulsory Treatment Order".
Existing Civil Patients
20. Those patients who are subject to a civil order when the powers are invoked would have their current certificate or order suspended and would be placed on an "Extraordinary Mental Health Compulsory Treatment Order" until the civil emergency or influenza pandemic has ended.
21. This order would remain under general review by their Responsible Medical Officer as before and could be revoked by either the Responsible Medical Officer or the Mental Welfare Commission. What is sought to be waived during this time would be the fixed mandatory timescales for review, whilst retaining the general review duties on the Responsible Medical Officer in respect of orders.
New Remand Patients
22. We are considering if further powers would be needed beyond those set out above for Level One for remand patients, but if so would intend to apply the same approach as for civil orders.
Existing Mentally Disordered Offender Patients
23. We would propose the following changes:
A. The seven day limit within which a prisoner must be transferred to hospital under a transfer for treatment directions would be removed. New and existing patients transferred to hospital would become subject to an "Extraordinary Mental Health Transfer for Treatment Order" until the civil emergency/influenza pandemic has ended, or where the "Extraordinary Mental Health Transfer for Treatment Order" is revoked by the patient's RMO as part of their general duty to review the continuing need for detention.
B. Those patients who are, or who become subject to a compulsion order would become subject to an "Extraordinary Mental Health Compulsion Order" until the civil emergency or influenza pandemic has ended, or where the "Extraordinary Mental Health Compulsion Order" is revoked by the patient's RMO as part of their general duty to review continuing need for detention.
C. Those patients who are, or who become subject to a compulsion order and restriction order would become subject to an "Extraordinary Mental Health Compulsion Order and Restriction Order" until the civil emergency or influenza pandemic has ended. The Responsible Medical Officer would remain under the general duty to keep the need for the order under review, but would have no power to release patients subject to an Extraordinary Mental Health Compulsion and Restriction Order.
D. Patients who are, or who become subject to a Hospital Direction would become subject to an "Extraordinary Mental Health Hospital Direction". Again, the Responsible Medical Officer would remain under the general duty to keep the need for the direction under review, but would have no power to release such patients.