Mental Health (Care and Treatment) (Scotland) Act 2003 Explanatory Notes

First possible outcome: revocation

124.The review may result in the order being revoked by the responsible medical officer (section 79). If (having regard to the views of those consulted under section 77(3)(c)) the responsible medical officer is not satisfied as to either of the matters mentioned in subsection (2) of section 79, that officer must make a determination revoking the order.

125.The responsible medical officer and the Commission can revoke an order if satisfied as to the matters specified in sections 80 and 81 respectively. In section 80 cases, the order must be revoked; in section 81 cases, it may be revoked.

126.If an order is revoked, notification must be made to those persons specified in section 82(4).

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