185Duty of Scottish Ministers on receiving report from responsible medical officerS
(1)Where a patient’s responsible medical officer submits to the Scottish Ministers—
(a)a report under section 183(2) of this Act that includes a recommendation; or
(b)a report under section 184 of this Act,
the Scottish Ministers shall make a reference to the Tribunal in respect of the compulsion order and restriction order to which the patient is subject.
(2)Where a reference is made under subsection (1) above, the Scottish Ministers shall, as soon as practicable, give notice that a reference is to be made to—
(a)the patient;
(b)the patient’s named person;
(c)any guardian of the patient;
(d)any welfare attorney of the patient;
(e)the patient’s responsible medical officer;
(f)the mental health officer; and
(g)the Commission.
(3)A reference under subsection (1) 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 recommendation included in the report submitted by the responsible medical officer.
Commencement Information
I1S. 185 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)