Part 11

Hospital directions and transfer for treatment directions

Scottish Ministers' duty to keep directions under review

Reference to Tribunal by Scottish Ministers
213
1
This section applies where a patient is subject to—
a
a hospital direction; or
b
a transfer for treatment direction.
2
If—
a
during the period of 2 years ending with the relevant day—
i
no reference under section 210(3) or 211(2) of this Act has been made to the Tribunal; and
ii
no application under section 214(2) of this Act has been made to the Tribunal; and
b
during each period of 2 years ending with the anniversary, in every year thereafter, of the relevant day—
i
no reference such as is mentioned in paragraph (a)(i) above or, subject to subsection (3) below, under this subsection has been made to the Tribunal; and
ii
no application such as is mentioned in paragraph (a)(ii) above has been made to the Tribunal,
the Scottish Ministers shall make a reference to the Tribunal in respect of the direction to which the patient is subject.
3
The Scottish Ministers shall, in considering, under subsection (2)(b)(i) above, whether a reference has been made to the Tribunal during any 2 year period, leave out of account any reference made under subsection (2) above during the first year of that 2 year period.
4
Where a reference is made under subsection (2) above, the Scottish Ministers shall, as soon as practicable, give notice that a reference is to be made to the persons mentioned in paragraphs (a) to (g) of section 210(4) of this Act.
5
A reference under subsection (2) 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 reason for making the reference.
6
In subsection (2) above, the “relevant day” means the day which falls 2 years after the day on which the direction is made.