Explanatory Notes

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

2003 asp 13

25 April 2003

Commentary on Sections

Part 7 – Compulsory Treatment Orders

Chapter 4: review of orders
Reference to Tribunal by Commission
Sections 98, 104 and 106 to 108: reference to Tribunal by Commission

149.Section 98 confers on the Commission power to make a reference to the Tribunal with regard to a compulsory treatment order for any reason it considers appropriate. Where the Commission makes such a reference to the Tribunal, it must notify the persons listed in subsection (3) and include in that reference the details listed in subsection (4).

150.Sections 104 and 106 to 108 are then applicable (see paragraph 148 above).