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

Section 323: suspension of decision of Tribunal pending determination of certain appeals

640.Where the Scottish Ministers appeal a Tribunal decision made under section 193 or against a decision of the Tribunal to make a direction under section 215(3) or (4) they may apply to the Court for an order authorising the patient’s continued detention pending the outcome of the appeal.

641.Such an order will remain effective until the appeal is either abandoned or finally determined (subsection (2)).

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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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