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

Part 3 – the Mental Health Tribunal for Scotland

Section 21: the Mental Health Tribunal for Scotland

35.This section introduces schedule 2 which along with this section makes provision concerning the Tribunal.

36.Subsections (1) and (2) establish the Tribunal. The Tribunal will act as an independent judicial body which will authorise compulsory treatment orders and deal with appeals against and reviews of compulsory treatment orders, short-term detention, compulsion orders and other mental health disposals affecting mentally disordered offenders. The Tribunal substantially replaces the role of the sheriff under previous mental health legislation.

37.The Scottish Ministers may make regulations in connection with the Tribunal (subsection (3)).

38.The composition of the Tribunal and its organisation and procedures are detailed in schedule 2 (see paragraphs 667 to 687 of these Notes). Appeals from the Tribunal to the sheriff principal and the Court of Session are dealt with in Part 22 (see paragraphs 633 to 645 of these Notes).

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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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