# Mental Health (Care and Treatment) (Scotland) Act 2003, Section 185: Duty of Scottish Ministers on receiving report from responsible medical officer


(1) Where a patient’s responsible medical officer submits to the Scottish Ministers—
(a) a report under section 183(2) of this Act that includes a recommendation; or
(b) a report under section 184 of this Act,
the Scottish Ministers shall make a reference to the Tribunal in respect of the compulsion order and restriction order to which the patient is subject.
(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—
(a) the patient;
(b) the patient’s named person;
(c) any guardian of the patient;
(d) any welfare attorney of the patient;
(e) the patient’s responsible medical officer;
(f) the mental health officer; and
(g) the Commission.
(3) A reference under subsection (1) 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 recommendation included in the report submitted by the responsible medical officer.

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Source: https://www.legislation.gov.uk/asp/2003/13/section/185 (the official version)
Page: https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003/section-185
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.