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

322 Appeal to Court of Session against certain decisions of the Tribunal S

(1) This section applies to the following decisions of the Tribunal—

(a) a decision to make an order revoking a compulsion order under section 193(3) or (4) of this Act;

(b) a decision to make an order revoking a restriction order under section 193(5) of this Act;

(c) a decision to make an order varying a compulsion order under section 193(6) of this Act;

(d) a decision to make an order conditionally discharging a patient under section 193(7) of this Act;

(e) a decision, under section 193 of this Act, to make no order under that section;

(f) a decision, under section 215(2) of this Act, to make no direction;

(g) a decision to make a direction under section 215(3) or (4) of this Act;

(h) a decision to make or refuse to make an order under section 219(5) or 220(5) of this Act preventing a transfer or requiring that a transferred patient be returned; and

(i) a decision, in relation to a patient who is subject to a restriction order, a hospital direction or a transfer for treatment direction—

(i) to make or refuse to make an order under section 264(2), 265(3) or 266(3) of this Act;

(ii) under section 267(2) of this Act to recall or refuse to recall an order made under section 264, 265 or 266 of this Act;

(iii) to make or refuse to make an order under section 268(2), 269(3) or 270(3) of this Act; or

(iv) under section 271(2) of this Act to recall or refuse to recall an order made under section 268, 269 or 270 of this Act.

(2) A relevant party to proceedings before the Tribunal may appeal to the Court of Session against a decision to which this section applies.

(3) Subject to subsection (4) below, in this section “relevant party” means—

(a) the person to whom the decision relates;

(b) that person’s named person;

(c) any guardian of the person;

(d) any welfare attorney of the person; and

(e) the Scottish Ministers.

(4) Where the appeal is against a decision mentioned in paragraph (i) of subsection (1) above, “relevant party” means—

(a) the person to whom the decision relates;

(b) that person’s named person;

(c) any guardian of the person;

(d) any welfare attorney of the person;

(e) the Commission;

(f) the relevant Health Board (within the meaning of section 273 of this Act); and

(g) the Scottish Ministers.

Modifications etc. (not altering text)

C1 S. 322 applied (with modifications) (5.10.2005) by Mental Health (Cross-border transfer; patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005 (S.S.I. 2005/467), regs. 1(1), 15 (with reg. 2)

Commencement Information

I1 S. 322 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)