Part 17Patient representation etc.
Chapter 3Detention in conditions of excessive security
Other hospitals
271F1Order under section 268 or 269: recall
(1)
(2)
On the application of any of the persons mentioned in subsection (4) below, the Tribunal—
(a)
shall, if satisfied that F4the test specified in regulations made under section 271A(2) of this Act is not met in relation to the patient, recall the order;
(b)
may, on any other grounds, recall the order.
(3)
Where the order is recalled, the relevant Health Board ceases to be subject to the duties under section 268(3) to (5) F5or 269(4) to (6) to which it became subject by virtue of the making of the order.
(4)
The persons referred to in subsection (2) above are—
(a)
the relevant Health Board;
(b)
in the case of a relevant patient, the Scottish Ministers;
(c)
in the case of a patient who is not a relevant patient, the patient’s responsible medical officer.
(5)
Before determining an application under subsection (2) above, the Tribunal shall—
(a)
afford the persons mentioned in section 268(10) of this Act the opportunity—
(i)
of making representations (whether orally or in writing); and
(ii)
of leading, or producing, evidence; and
(b)
whether or not any such representations are made, hold a hearing.