# Mental Health (Care and Treatment) (Scotland) Act 2003, Section 102: Powers of Tribunal on review under section 101


(1) On the review of a determination under section 101 of this Act, the Tribunal may make an order under this section—
(a) revoking the determination;
(b) revoking both the determination and the compulsory treatment order;
(c) confirming the determination; or
(d) confirming the determination and varying the compulsory treatment order by modifying—
(i) the measures; or
(ii) any recorded matter,
specified in it.
(2) Before making a decision under subsection (1) above, the Tribunal shall allow the persons mentioned in subsection (3) below the opportunity—
(a) of making representations (whether orally or in writing); and
(b) of leading, or producing, evidence.
(3) Those persons are—
(a) the patient;
(b) the patient’s named person;
(c) any guardian of the patient;
(d) any welfare attorney of the patient;
(e) the mental health officer;
(f) the patient’s responsible medical officer;
(g) the patient’s primary carer;
(h) any curator ad litem appointed in respect of the patient by the Tribunal; and
(i) any other person appearing to the Tribunal to have an interest in the determination.

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Source: https://www.legislation.gov.uk/asp/2003/13/section/102 (the official version)
Page: https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003/section-102
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

