{
  "url": "https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003/section-185",
  "json_url": "https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003/section-185.json",
  "legislation": "asp/2003/13",
  "legislation_title": "Mental Health (Care and Treatment) (Scotland) Act 2003",
  "legislation_url": "https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003",
  "path": "section/185",
  "kind": "section",
  "number": "185",
  "heading": "Duty of Scottish Ministers on receiving report from responsible medical officer",
  "text": "(1) Where a patient’s responsible medical officer submits to the Scottish Ministers—\n(a) a report under section 183(2) of this Act that includes a recommendation; or\n(b) a report under section 184 of this Act,\nthe Scottish Ministers shall make a reference to the Tribunal in respect of the compulsion order and restriction order to which the patient is subject.\n(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—\n(a) the patient;\n(b) the patient’s named person;\n(c) any guardian of the patient;\n(d) any welfare attorney of the patient;\n(e) the patient’s responsible medical officer;\n(f) the mental health officer; and\n(g) the Commission.\n(3) A reference under subsection (1) above shall state—\n(a) the name and address of the patient;\n(b) the name and address of the patient’s named person; and\n(c) the recommendation included in the report submitted by the responsible medical officer.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2003/13/section/185",
    "retrieved_at": "2026-10-29T20:16:46.625109+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}