Without limiting the
grounds on which a treatment order can be declared under section 398(1) to be
or to have been invalid, the Tribunal may declare that a treatment order is or
was invalid if satisfied that —
(a)
there has been or was a failure to comply with the requirements of this Act in
relation to —
(i)
the making of the treatment order; or
(ii)
the conduct of any assessment or examination, or the
making of any referral or order, that led to the making of the treatment
order;
and
(b)
because of that failure, whether alone or in combination with one or more
other such failures, the rights or interests of the involuntary patient have
been or were substantially prejudiced.