Explanatory Notes

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

2003 asp 13

25 April 2003

Commentary on Sections

Part 10 - Compulsion Orders and Restriction Orders

Chapter 2: review of orders
Effect of modification or revocation of orders
Section 196: general effect of orders under section 193

356.Section 196 provides that where the Tribunal makes any of the orders listed in subsection (1), those orders shall not take effect until the occurrence of the earliest of the events listed in subsection (2), which relate to appeals against those orders.

Section 197: effect of revocation of compulsion order

357.Section 197 provides that, where the Tribunal revokes a compulsion order, the restriction order automatically falls with it.

Section 198: effect of revocation of restriction order

358.Section 198 provides that, where the Tribunal revokes a restriction order but not the compulsion order, then the patient is treated as if the compulsion order had been made without a restriction order. Part 9 will apply to the patient as if the compulsion order had been made on the date on which the restriction order was revoked.