Part 10

Compulsion orders and restriction orders
Chapter 3

Conditional discharge

Variation of conditions imposed on conditional discharge
200
1
This section applies where—
a
a patient has been conditionally discharged by the Tribunal under section 193(7) of this Act; and
b
the Tribunal imposed conditions on that discharge under that section.
2
The Scottish Ministers may, if satisfied that it is necessary, vary such of the conditions imposed by the Tribunal under section 193(7) of this Act as they think fit.
2A
Before varying any conditions under subsection (2), the Scottish Ministers must have regard to any victim's representations.
3
Where the Scottish Ministers vary, under subsection (2) above, conditions imposed by the Tribunal under section 193(7) of this Act, the Scottish Ministers shall, as soon as practicable, give notice of that variation to—
a
the patient;
b
the patient’s named person;
c
the patient’s responsible medical officer; and
d
the mental health officer.
S. 200 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. 200(2A) inserted (30.9.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 60(3), 61(2); S.S.I. 2017/234, art. 2(2)(c)