Mental Health Act 2007 No 8
Historical version for 14 May 2013 to 30 August 2015 (accessed 13 July 2020 at 02:55) Current version
Chapter 3 Part 3 Division 3
Division 3 Revocation, variation and review of community treatment orders
65   Variation or revocation of orders by Tribunal
(cf 1990 Act, s 148)
(1)  The Tribunal may vary or revoke a community treatment order, on application being made under this section or at any time on its own motion.
(2)  An application may be made by any of the following:
(a)  the affected person,
(b)  the psychiatric case manager of the affected person,
(c)  any person who could have applied for the order.
(3)  An application may be made only if:
(a)  there has been a substantial or material change in the circumstances surrounding the making of the order, or
(b)  relevant information that was not available when the order was made has become available.
(4)  An order may be varied only if the order, as varied, could be made in relation to the affected person.
(5)  The regulations may make provision for or with respect to applications under this section and the orders that may be made by the Tribunal.
66   Revocation by director of community treatment
(cf 1990 Act, s 149)
The director of community treatment of a declared mental health facility implementing a treatment plan under a community treatment order may revoke a community treatment order if of the opinion that the affected person is not likely to benefit from a continuation of the order.
67   Appeals
(cf 1990 Act, s 151)
(1)  The affected person under a community treatment order made by the Tribunal may at any time appeal to the Court:
(a)  if the term of the order exceeds 6 months or no term is specified in the order, against the duration of the order, or
(b)  on any question of law or fact arising from the order or its making.
(2)  The affected person under a community treatment order made by a Magistrate may at any time appeal to the Tribunal:
(a)  if the term of the order exceeds 6 months or no term is specified in the order, against the duration of the order, or
(b)  on any question of law or fact arising from the order or its making.
(3)  The regulations may make provision for or with respect to appeals to the Tribunal under this section and the orders that may be made by the Tribunal in respect of any such appeal.