OpenLegislation

Section 322 Appeal to Court of Session against certain decisions of the TribunalI1C1

(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.

Annotations

Modifications

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

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)