http://www.legislation.gov.uk/asp/2003/13/section/188/notesMental healthMental disorders and illnessMental health supportCareMedical advice and support servicesExplanatory Notes to Mental Health (Care and Treatment) (Scotland) Act 2003Scottish ExecutiveKing's Printer for Scotland2020-03-09
<Citation URI="http://www.legislation.gov.uk/id/asp/2003/13" id="c00001" Class="ScottishAct" Year="2003" Number="0013">Mental Health (Care and Treatment) (Scotland) Act 2003</Citation>
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25 April 2003
Commentary on Sections<CitationSubRef id="c00622" URI="http://www.legislation.gov.uk/id/asp/2003/13/part/10" CitationRef="c00001" SectionRef="part-10">Part 10</CitationSubRef> - Compulsion Orders and Restriction Orders<CitationSubRef id="c00632" URI="http://www.legislation.gov.uk/id/asp/2003/13/part/10/chapter/2" CitationRef="c00622" SectionRef="part-10-chapter-2">Chapter 2</CitationSubRef>: review of ordersScottish Ministers’ duty to keep orders under review
<CitationSubRef id="c00654" URI="http://www.legislation.gov.uk/id/asp/2003/13/section/188" CitationRef="c00001" SectionRef="section-188">Section 188</CitationSubRef>: duty of Scottish Ministers to keep compulsion order and restriction order under review
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Section 188 provides that the Scottish Ministers are under a duty to keep the compulsion order and restriction order to which the patient is subject under review by considering the matters set out in subsection (2). Subsections (3) to (7) set out the series of tests that the Scottish Ministers must apply when reviewing a compulsion order and restriction order.
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Depending on their views, the Scottish Ministers may be required to apply to the Tribunal to have the compulsion order revoked, to have the restriction order revoked, to have the compulsion order varied or to have the patient conditionally discharged.