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

Section 324: appeals: general provisions

642.Subsection (2) specifies the grounds on which any appeal from the Tribunal, either to the sheriff principal or the Court of Session, must be based.

643.Subsections (3) and (4) make provision about the participation of the Tribunal in any such appeal.

644.If an appeal succeeds, the appellate court must either substitute its own decision for that of the Tribunal (where it is possible on the established facts to do so) or remit the case back to the Tribunal for consideration afresh (subsection (5)). Where a case is remitted, the court may make directions that the Tribunal now to consider the case must be differently constituted from the original Tribunal and such other matters about the consideration of the case as it considers appropriate (subsection (6)).

645.There is no time limit specified in the 2003 Act for the making of any appeal. Regulations may provide for this (subsection (7)).

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