http://www.legislation.gov.uk/asp/2003/13/section/188/2008-10-29Mental Health (Care and Treatment) (Scotland) Act 2003An Act of the Scottish Parliament to restate and amend the law relating to mentally disordered persons; and for connected purposes.texttext/xmlenStatute Law Database2026-02-04Expert Participation2008-10-29 Part 10 Compulsion orders and restriction ordersChapter 2Review of orders<Emphasis>Scottish Ministers' duty to keep orders under review</Emphasis>Duty of Scottish Ministers to keep compulsion order and restriction order under review1881This section applies where a patient is subject to a compulsion order and a restriction order.2Without prejudice to the duties imposed on the Scottish Ministers by sections 185(1), 187(2) and 189(2) of this Act, the Scottish Ministers shall from time to time consider—awhether the conditions mentioned in section 182(4) of this Act continue to apply in respect of the patient;bwhether, as a result of the patient’s mental disorder, it is necessary, in order to protect any other person from serious harm, for the patient to be detained in hospital, whether or not for medical treatment;cwhether it continues to be necessary for the patient to be subject to the compulsion order; anddwhether it continues to be necessary for the patient to be subject to the restriction order.3If, having considered the matters mentioned in paragraphs (a) to (d) of subsection (2) above, the Scottish Ministers are not satisfied that the patient has a mental disorder, they shall apply to the Tribunal under section 191 of this Act for an order under section 193 of this Act revoking the compulsion order.4If, having considered the matters mentioned in paragraphs (a) to (d) of subsection (2) above, the Scottish Ministers—aare satisfied that the patient has a mental disorder; butbare not satisfied—ithat, as a result of the patient’s mental disorder, it is necessary, in order to protect any other person from serious harm, for the patient to be detained in hospital, whether or not for medical treatment; andiieither—Athat the conditions mentioned in paragraphs (b) and (c) of section 182(4) of this Act continue to apply in respect of the patient; orBthat it continues to be necessary for the patient to be subject to the compulsion order,they shall, as soon as practicable after considering those matters, apply to the Tribunal under section 191 of this Act for an order under section 193 of this Act revoking the compulsion order.5If, having considered the matters mentioned in paragraphs (a) to (d) of subsection (2) above, the Scottish Ministers—aare satisfied—ithat the conditions mentioned in section 182(4) of this Act continue to apply in respect of the patient; andiithat it continues to be necessary for the patient to be subject to the compulsion order; butbare not satisfied—ithat, as a result of the patient’s mental disorder, it is necessary, in order to protect any other person from serious harm, for the patient to be detained in hospital, whether or not for medical treatment; andiithat it continues to be necessary for the patient to be subject to the restriction order,they shall apply to the Tribunal under section 191 of this Act for an order under section 193 of this Act revoking the restriction order.6Where the Scottish Ministers—aapply, by virtue of subsection (5) above, for an order revoking the restriction order; andbare satisfied that the compulsion order should be varied by modifying the measures specified in it,they shall apply to the Tribunal under section 191 of this Act for an order under section 193 of this Act varying the compulsion order in that way.7If, having considered the matters mentioned in paragraphs (a) to (d) of subsection (2) above, the Scottish Ministers—aare satisfied—ithat the conditions mentioned in section 182(4) of this Act continue to apply in respect of the patient; andiithat it continues to be necessary for the patient to be subject to the compulsion order and the restriction order; butbare not satisfied that, as a result of the patient’s mental disorder, it is necessary, in order to protect any other person from serious harm, for the patient to be detained in hospital, whether or not for medical treatment,they may apply to the Tribunal under section 191 of this Act for an order under section 193 of this Act conditionally discharging the patient.S. 188 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)S. 188(4)(b)(ii) substituted (22.3.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 69(3), 79(2)