http://www.legislation.gov.uk/asp/2003/13/section/323/2003-04-25Mental 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 Database2026-02-042003-04-25 Part 22 AppealsSuspension of decision of Tribunal pending determination of certain appeals3231Where the Scottish Ministers appeal under section 322(2) of this Act against any decision of the Tribunal under section 193 of this Act, or a decision of the Tribunal to make a direction under section 215(3) or (4) of this Act, the Court of Session may, on the motion of the Scottish Ministers, order—athat the patient in respect of whom the Tribunal’s decision was made shall continue, subject to subsection (2) below, to be detained; andbthat both the compulsion order and restriction order or, as the case may be, the hospital direction or transfer for treatment direction to which the patient is subject shall continue to have effect accordingly.2An order under subsection (1) above has the effect of continuing the patient’s detention—ain a case where no appeal is made to the House of Lords against the decision of the Court of Session under section 322(2) of this Act, until the expiry of the time allowed to so appeal to the House of Lords; orbin a case where such an appeal is made, until it is abandoned or finally determined.