(1)  The Tribunal may make a treatment order in respect of a person if, and only if, it is satisfied that –

(a) an approved medical practitioner has applied for a treatment order in respect of the person; and

(b) the requirements of section 37 have been met in respect of the application; and

(c) the person meets the treatment criteria; and

(d) a treatment plan has been prepared for the person; and

(e) the requirements of section 53(2) appear to have been met with respect to the treatment plan.

(2)  A treatment order may include a requirement –

(a) that the treatment setting for a patient be –

(i) an approved facility (other than an SMHU), or a premises or place, specified in the order; or

(ii) a type of approved facility (other than an SMHU), or a type of premises or place, specified in the order; and

(b) that, for the purposes of receiving treatment, a patient may be admitted to and, if necessary, detained in –

(i) an approved facility (other than an SMHU) specified in the order; or

(ii) a type of approved facility (other than an SMHU) specified in the order.

(2A)  A treatment order may provide for a combination of treatment settings and for the admission and re-admission of the patient to those settings.

(3)  Despite subsection (2) , the Tribunal is not to make a 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 it is satisfied that the hospital –

(a) has facilities and staff for the treatment and care of the patient; and

(b) is, in the circumstances, the most appropriate place available to accommodate the patient.

(4)  The Tribunal is to determine an application for a treatment order as soon as practicable after it is received and must do so by way of a hearing.

(5)  An application for a treatment order lapses and is rendered invalid if the Tribunal for any reason fails to determine the application within 10 days after it is lodged.

(6)  The President of the Tribunal is to ensure that a hearing for the purposes of this section is before the Tribunal as constituted by 3 members.