Part 10

Compulsion orders and restriction orders
Chapter 2

Review of orders

Reference to Tribunal by Scottish Ministers

Duty of Scottish Ministers on receiving report from responsible medical officer
185
1
Where a patient’s responsible medical officer submits to the Scottish Ministers—
a
a report under section 183(2) of this Act that includes a recommendation; or
b
a report under section 184 of this Act,
the Scottish Ministers shall make a reference to the Tribunal in respect of the compulsion order and restriction order to which the patient is subject.
2
Where a reference is made under subsection (1) above, the Scottish Ministers shall, as soon as practicable, give notice that a reference is to be made to—
a
the patient;
b
the patient’s named person;
c
any guardian of the patient;
d
any welfare attorney of the patient;
e
the patient’s responsible medical officer;
f
the mental health officer; and
g
the Commission.
3
A reference under subsection (1) above shall state—
a
the name and address of the patient;
b
the name and address of the patient’s named person; and
c
the recommendation included in the report submitted by the responsible medical officer.