Explanatory Notes

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

2003 asp 13

25 April 2003

Commentary on Sections

Part 11 – Hospital Directions and Transfer for Treatment Directions

Reference to Tribunal by Scottish Ministers

Section 209: Commission’s power to require Scottish Ministers to make reference to Tribunal

372.Section 209 gives power to the Commission to require the Scottish Ministers to refer the hospital direction or transfer for treatment direction to which a patient is subject to the Tribunal, if the Commission considers that such a reference is appropriate. The Commission must notify the Scottish Ministers of this requirement in writing and include its reasons for making the request.