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

Commentary on Sections

Part 9 - Compulsion Orders

Chapter 2: review of compulsion orders
Applications to Tribunal by patient etc.
Section 163: application to Tribunal by patient etc for revocation of determination extending compulsion order

307.Section 163(1) gives the patient and the patient's named person the right to apply to the Tribunal for the revocation of a determination, made by the responsible medical officer under section 152, extending a compulsion order.

308.Subsection (2), however, provides that, where the Tribunal is required by section 165 to review the determination, neither the patient nor the patient’s named person can apply for a revocation.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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