http://www.legislation.gov.uk/asp/2003/13/section/210/2008-10-29Mental 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 11 Hospital directions and transfer for treatment directions<Emphasis>Reference to Tribunal by Scottish Ministers</Emphasis>Duty of Scottish Ministers on receiving report from responsible medical officer2101This section applies where a patient’s responsible medical officer submits to the Scottish Ministers—aa report under section 207(2) of this Act that includes a recommendation; orba report under section 208(3) or (4) of this Act.2If, having considered the matters mentioned in paragraphs (a) to (c) of section 212(2) of this Act, the Scottish Ministers—aare not satisfied that the patient has a mental disorder; orbare so satisfied but are 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 paragraph (b) and (c) of section 206(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 direction,the Scottish Ministers shall revoke the direction to which the patient is subject.3Where the Scottish Ministers do not, under subsection (2) above, revoke the direction to which the patient is subject, they shall make a reference to the Tribunal in respect of the direction.4Where a reference is made under subsection (3) above, the Scottish Ministers shall, as soon as practicable, give notice that a reference is to be made to—athe patient;bthe patient’s named person;cany guardian of the patient;dany welfare attorney of the patient;ethe patient’s responsible medical officer;fthe mental health officer; andgthe Commission.5A reference under subsection (3) above shall state—athe name and address of the patient;bthe name and address of the patient’s named person; andcthe recommendation made by the responsible medical officer.6Nothing in section 102 (state hospitals) of the National Health Service (Scotland) Act 1978 (c. 29) prevents or restricts the detention of a patient in a state hospital as a result of a decision under this section by the Scottish Ministers not to revoke the direction to which the patient is subject.S. 210 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. 210(2)(b)(ii) substituted (22.3.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 70(3), 79(2)