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Part 10Compulsion orders and restriction orders

Chapter 2Review of orders

Reference to Tribunal by Scottish Ministers

187Notice under section 186(2): reference to Tribunal

(1)This section applies where, under section 186(2) of this Act, the Commission gives notice to the Scottish Ministers.

(2)The Scottish Ministers shall, as soon as practicable after receiving notice under section 186(2) of this Act, make a reference to the Tribunal in respect of the compulsion order and restriction order to which the patient is subject.

(3)Where a reference is made under subsection (2) above, the Scottish Ministers shall, as soon as practicable, give notice that the reference is to be or, as the case may be, has been made to the persons mentioned in paragraphs (a) to (g) of section 185(2) 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 given by the Commission in the notice under section 186(2) of this Act for requiring the Scottish Ministers to make the reference.