The Mental Health (Cross border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005

Reference to Tribunal by Commission

17.—(1) Where notice is given to the Commission under regulation 9(1) and it appears to the Commission that it is appropriate to do so, it may during the period beginning with the day on which notice is given and the patient’s removal from Scotland, make a reference to the Tribunal in respect of the proposed removal.

(2) On making a reference under paragraph (1), the Commission shall, give notice of the reference to–

(a) the patient;

(b) the patient’s named person; or

(c) where the patient falls within paragraph (2)(b) of regulation 2, the patient’s primary carer;

(d) any guardian of the patient;

(e) any welfare attorney of the patient;

(f) the mental health officer;

(g) the responsible medical officer; and

(h) the Scottish Ministers.

(3) A reference under paragraph (1) must state–

(a) the name and address of the patient;

(b) the name and address of the patient’s named person; and

(c) the reason for making the reference.