Part 11Hospital directions and transfer for treatment directions

Reference to Tribunal by Scottish Ministers

211Notice under section 209(2): reference to Tribunal

1

This section applies where, under section 209(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 209(2) of this Act, make a reference to the Tribunal in respect of the direction 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 a reference is to be made to the persons mentioned in paragraphs (a) to (g) of section 210(4) 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 209(2) of this Act for requiring the Scottish Ministers to make the reference.