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

Section 204: appeal to Tribunal against recall from conditional discharge

365.Section 204 provides that the patient and the patient’s named person can appeal to the Tribunal against recall to hospital within 28 days of the recall from conditional discharge taking effect.

366.Subsection (3) provides that the Tribunal will treat an appeal under this section as an application for conditional discharge. Section 193 therefore applies and the Tribunal has the options that are available under that section.

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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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