Mental Health (Care and Treatment) (Scotland) Act 2003

98Reference to Tribunal by Commission
This section has no associated Explanatory Notes

(1)This section applies where a patient is subject to a compulsory treatment order.

(2)If it appears to the Commission that it is appropriate to do so, it may make a reference to the Tribunal in respect of the compulsory treatment order to which the patient is subject.

(3)Where a reference is to be made under subsection (2) above, the Commission shall, as soon as practicable, give notice that a reference is to be made to—

(a)the patient’s responsible medical officer; and

(b)the persons mentioned in section 91(a) to (e) of this Act.

(4)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.