http://www.legislation.gov.uk/asp/2003/13/section/324/2003-04-25Mental 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 AppealsAppeals: general provisions3241An appeal—ato the sheriff principal under section 320(2) of this Act; orbto the Court of Session under section 322(2) of this Act,may be made only on one or more of the grounds mentioned in subsection (2) below.2The grounds referred to in subsection (1) above are—athat the Tribunal’s decision was based on an error of law;bthat there has been a procedural impropriety in the conduct of any hearing by the Tribunal on the application;cthat the Tribunal has acted unreasonably in the exercise of its discretion;dthat the Tribunal’s decision was not supported by the facts found to be established by the Tribunal.3The Tribunal may be a party to an appeal under section 320(2) or 322(2) and in any appeal from the decision of the sheriff principal under section 321(1).4The court may, where it considers it appropriate, order the Tribunal to be represented at any hearing of an appeal under section 320(2), 321(1) or 322(2).5In allowing an appeal under section 320(2), 321(1) or 322(2) of this Act the court—ashall set aside the decision of the Tribunal; andbshall—iif it considers that it can properly do so on the facts found to be established by the Tribunal, substitute its own decision; oriiremit the case to the Tribunal for consideration anew.6If the court remits a case under paragraph (b)(ii) of subsection (5) above, the court may—adirect that the Tribunal be differently constituted from when it made the decision; andbissue such other directions to the Tribunal about the consideration of the case as it considers appropriate.7Regulations may specify the period within which an appeal under section 320(2), 321(1) or 322(2) of this Act shall be made.8In this section, “the court” means the sheriff principal or the Court of Session as the case may be.