Part 10Compulsion orders and restriction orders
Chapter 2Review of orders
Scottish Ministers' duty to keep orders under review
I1189Reference to Tribunal by Scottish Ministers
1
This section applies where a patient is subject to a compulsion order and a restriction order.
2
If—
a
during the period of 2 years ending with the relevant day—
i
no reference under section 185(1) or 187(2) of this Act has been made to the Tribunal; and
ii
no application under section 191 or 192(2) of this Act has been made to the Tribunal; and
b
during each period of 2 years ending with the anniversary, in every year thereafter, of the relevant day—
i
no reference such as is mentioned in paragraph (a)(i) above or, subject to subsection (3) below, under this subsection has been made to the Tribunal; and
ii
no application such as is mentioned in paragraph (a)(ii) above has been made to the Tribunal,
the Scottish Ministers shall make a reference to the Tribunal in respect of the compulsion order and restriction order to which the patient is subject.
3
The Scottish Ministers shall, in considering, under subsection (2)(b)(i) above, whether a reference has been made to the Tribunal during any 2 year period, leave out of account any reference made under subsection (2) above during the first year of that 2 year period.
4
Where a reference is made under subsection (2) above, the Scottish Ministers shall, as soon as practicable, give notice that a reference is to be or, as the case may be, has been made to the persons mentioned in paragraphs (a) to (g) of section 185(2) of this Act.
5
A reference under subsection (2) above shall state—
a
the name and address of the patient;
b
the name and address of the patient’s named person; and
c
the reason for making the reference.
C16
In subsection (2) above, the “relevant day” means the day which falls 2 years after the day on which the compulsion order is made.