{
  "url": "https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003/section-322",
  "json_url": "https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003/section-322.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/322",
  "kind": "section",
  "number": "322",
  "heading": "Appeal to Court of Session against certain decisions of the Tribunal",
  "text": "(1) This section applies to the following decisions of the Tribunal—\n(a) a decision to make an order revoking a compulsion order under section 193(3) or (4) of this Act;\n(b) a decision to make an order revoking a restriction order under section 193(5) of this Act;\n(c) a decision to make an order varying a compulsion order under section 193(6) of this Act;\n(d) a decision to make an order conditionally discharging a patient under section 193(7) of this Act;\n(e) a decision, under section 193 of this Act, to make no order under that section;\n(f) a decision, under section 215(2) of this Act, to make no direction;\n(g) a decision to make a direction under section 215(3) or (4) of this Act;\n(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\n(i) a decision, in relation to a patient who is subject to a restriction order, a hospital direction or a transfer for treatment direction—\n(i) to make or refuse to make an order under section 264(2), 265(3) or 266(3) of this Act;\n(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;\n(iii) to make or refuse to make an order under section 268(2), 269(3) or 270(3) of this Act; or\n(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.\n(2) A relevant party to proceedings before the Tribunal may appeal to the Court of Session against a decision to which this section applies.\n(3) Subject to subsection (4) below, in this section “relevant party” means—\n(a) the person to whom the decision relates;\n(b) that person’s named person;\n(c) any guardian of the person;\n(d) any welfare attorney of the person; and\n(e) the Scottish Ministers.\n(4) Where the appeal is against a decision mentioned in paragraph (i) of subsection (1) above, “relevant party” means—\n(a) the person to whom the decision relates;\n(b) that person’s named person;\n(c) any guardian of the person;\n(d) any welfare attorney of the person;\n(e) the Commission;\n(f) the relevant Health Board (within the meaning of section 273 of this Act); and\n(g) the Scottish Ministers.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "C",
      "label": "C1",
      "text": "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)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2003/13/section/322",
    "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."
}