Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

Part 10 S Compulsion orders and restriction orders

Chapter 2 S Review of orders

Reference to Tribunal by Scottish Ministers S

186 Commission’s power to require Scottish Ministers to make reference to Tribunal S

(1) This section applies where a patient is subject to a compulsion order and a restriction order.

(2) If it appears to the Commission that it is appropriate to do so, it may, by notice in writing to the Scottish Ministers, require them to make a reference to the Tribunal in respect of the compulsion order and the restriction order to which the patient is subject.

(3) Where, under subsection (2), the Commission gives notice to the Scottish Ministers, the Commission shall include in that notice its reasons for requiring the Scottish Ministers to make the reference.

Commencement Information

I1 S. 186 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)